My mother passed and left me a will Incase my father did not carry out her wishes

Question

My mother died with joint accounts with my father. I have the original and only will of hers that states that she leaves 100% of her assets in her bank accounts to me. I also have a letter that she instructed me to present to my father stating that the joint accounts were only joint for convenience and there funds were never commingled. I went to the bank to collect the funds with a small estate affidavit and they would not honor it. California laws say that joint accounts are right of survivor ship and not to the estate unless other intent was clear and compelling. Her will and letter should be clear and compelling evidence. My father as also suggested that I destroy the will and sign a document releasing interest in my mothers estate and he would pay me for doing so. Her estate including assets that pass outside probate are close to a million. Assets in her joint accounts would fall under small estate affidavit. How do a I get a recognizing those funds do not fall under survivorship

James Edward Berge · Answer

You're correct that joint tenancy implies the right of survivorship and to dispute the form of title requires clear and convincing evidence.  You might have that evidence, but you'll need to prove it in court by a petition filed under CA Probate Code section 850.  A bank will not release joint tenancy funds to you without a proper court order establishing you as the rightful owner of the property.

Bruce Alexander Minnick · Answer

Unless California law is different from the laws in most states, your father has a statutory right to inherit some large percentage of your mother's (non-bank joint account) assets; so if your mother's total probate assets equal $1 million,  your father is entitled to receive a substantial amount (perhaps as much as 50%) of the $1 million. And in addition to the percentage of probate assets, he also has a contestable right to all assets in all joint bank accounts as of the moment of your mother's passing, as right of survivorship.  
You should consider hiring a lawyer to negotiate some reasonable settlement, based upon a reasonable estimate of what would have been yours if her will is probated.  Otherwise you and your father will end up paying all expenses of the probate--including legal fees needed to resolve these disputes.

Q: My mother passed and left me a will Incase my father did not carry out her wishes