Asked in Banking, Civil Rights and Probate for California

Q: in CA. If ur spouse died Are you intitled to $ from bank acc. Ur spouse had jointly with sibling if you show $ was ur $

Spouse passes and has an account that is acc. Pay upon death with sisters name on it. But u can see the money going into that acc. Was from our joint acc. In which my spouse never contributed too. Only my employment checks where put into our joint and she would transfer funds from our joint to her and sisters account.

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James L. Arrasmith
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A: In California, if your spouse passes away and there is a jointly held account with a sibling listed as the payable upon death (POD) beneficiary, the account may pass directly to the sibling. However, if you can demonstrate that the funds in the joint account primarily came from your employment, you may have a potential claim to those funds. It's important to gather evidence supporting your claim, such as bank statements. Consulting with a probate attorney who specializes in California law can provide guidance on your rights and options, including contesting the account distribution or pursuing a claim for your portion of the funds.

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