Q: My mother died and left me her assets in her will, she purposely left her husband out of the will. is that legal?
the assets were only in her name on the accounts and totaled less than 100k. he gave her power of attorney over his financial affairs six months prior to her death. she used most of her money to pay for his care for dementia for those six months. his money is still in accounts with both of their names on them and that is where his SS payments are being sent.
A: Yes, that is perfectly legal in California. Realize, however, that you only get HER share of their assets, in other words half of their community property. The names on titles to assets are not necessarily dispositive as to whether they were separate property or community property. You should engage a probate attorney to assist you with the probate of your mother's estate.
A: For jointly held bank accounts, they pass automatically to the surviving joint owners regardless of what her Will says. For her share of all other assets, they will pass to you as beneficiary under her Will (without probate with a small estate affidavit). Check with a probate lawyer if you’re confused as to the difference.
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