San Leandro, CA asked in Estate Planning, Probate and Banking for California

Q: How do you petition the court to rule other intent under ca probate code 5302 subdivision a

I have a will that states that my mothers joint bank accounts her half of the community property is mine. The law states that joint bank accounts pass to the survivor unless there is other intent which her will clearly states as well as the letter to my father saying that there joint accounts were only for convenience and they never commingled there earnings or funds and that she leaves her half of the community funds to me. What form number or procedure do I need to file to get this handled

1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: There isn't a form for that. You would have to draft a petition on pleading paper. Does the will specifically mention the joint account? Ordinarily, a will does not override a joint account.

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