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Signed document changing to joint bank account still legal after death?

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maggiecat

Junior Member
What is the name of your state? California
My father and I signed the paperwork adding my name to his checking account as a joint account holder. Somehow it was misplaced and never turned in - wasn't really a problem as I had POA. He has since died and I've just found the paperwork. All his assets are in a trust except this checking account. My brother is executor and the only people named as inheritors are my brother, sister and myself and there are no disagreements between us. The bank has not yet been notified of his death. Is this document still legal as it has his signature, and can I submit it to the bank? Thanks for any help or advice!
 


Dandy Don

Senior Member
You can take it to the bank and see what happens, but they are going to be a bit suspicious that you have waited until after the death occurred to bring it in. Is it notarized?
Bank should let you have the money and issue you a check, but they will probably say that the executor is the only person that can claim the money and that he needs to present a certified copy of his letters testamentary. With a matter of this importance, why didn't you or he turn this in to the bank before now?

How much money is in the account? Where have the bank statements for this account been mailed to? You realize you may be opening up a big can of worms when the trustee tries to figure out how he didn't know about this account so he could put it into the trust.

You may want to consult a local business law or probate attorney about this before you proceed.

DANDY DON IN OKLAHOMA ([email protected])
 

moburkes

Senior Member
What is the name of your state? California
My father and I signed the paperwork adding my name to his checking account as a joint account holder. Somehow it was misplaced and never turned in - wasn't really a problem as I had POA. He has since died and I've just found the paperwork. All his assets are in a trust except this checking account. My brother is executor and the only people named as inheritors are my brother, sister and myself and there are no disagreements between us. The bank has not yet been notified of his death. Is this document still legal as it has his signature, and can I submit it to the bank? Thanks for any help or advice!
I disagree with DD. Since it wasn't presented to the bank prior to death, I'm going to say no. Certainly, you should not present it to the bank without informing them of his death.
 

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