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Is probate necessary?

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Cooper8

Junior Member
What is the name of your state? California

Father died in California with a will that says everything should be divided equally among his children. His only asset was a joint checking account he shared with one child. He had no debts other than hospital bills.

Do I need to start a probate proceeding? If so, how? What's the first step? Do I need an attorney?

Also, does the money in the checking account belong to the child he shared it with, or does it have to go through his estate in the probate process? And if it doesn't have to go through probate, does that money in the joint ckg acct have to be divided equally among the children?

Thanks for any help you can give.
 


BelizeBreeze

Senior Member
Cooper8 said:
California.

The account is simply a joint account.
No it isn't. It's either a joint account as Mr. A AND Ms. B, or Mr. A OR Mr. B or it's a joint account with rights of survivorship.

And THAT is the problem you need to find out the answer to.
 

I AM ALWAYS LIABLE

Senior Member
Cooper8 said:
California.

The account is simply a joint account.

My response:

No, it's not merely a joint account. In the paperwork that was signed upon opening the account, a beneficiary was named; e.g., the joint account holder, or someone else with the "right of survivorship." You need to ask the bank how the account was held.

IAAL
 

Cooper8

Junior Member
California.

I've checked with the bank, twice actually, and they keep saying the same thing. The account was in both our names. We were both owners. It was held jointly in both of our names.

I asked about rights of survivorship, and they said it's not necessary, all that matters is that we are both signers on the account. They said I can come in and take all the money out if I want to. I'm, of course, not going to run and do that because I have a sibling that might actually kill me.

Is there a specific question I should be asking? Should I ask for copies of the original paperwork? And, if so, what should I be looking for?

Thanks so much for your help. This is very difficult for me. I actually just broke into tears with the bank lady on the phone. So this e-mail thing works for me. Thanks again.
 

BelizeBreeze

Senior Member
Cooper8 said:
California.

I've checked with the bank, twice actually, and they keep saying the same thing. The account was in both our names. We were both owners. It was held jointly in both of our names.

I asked about rights of survivorship, and they said it's not necessary, all that matters is that we are both signers on the account. They said I can come in and take all the money out if I want to. I'm, of course, not going to run and do that because I have a sibling that might actually kill me.

Is there a specific question I should be asking? Should I ask for copies of the original paperwork? And, if so, what should I be looking for?

Thanks so much for your help. This is very difficult for me. I actually just broke into tears with the bank lady on the phone. So this e-mail thing works for me. Thanks again.
Then you call them back and ask to speak with a manager and if he/she tells you the same tell them that you require a signed letter on their letterhead attesting to the fact that [name a] and [name b] have the right to all monies in the account and will be granted access for purposes of disposing of the account without legal recourse from the bank or letters testimentary.
 

Cooper8

Junior Member
California.

Thanks for the advice. I'll do that.

If the account is "mine," as they call it, then what does that mean as far as probate? Do I have to start a probate process still? If so, where do I even start?

If not, are my siblings entitled to some of the money if the will stated everything should be distributed evenly among us?

Basically, my father opened the account jointly with me because he wanted everything to be easier for me when he passed away and figured the money would just go to me, not to my siblings, and that I'd be able to skip probate. He intended the money to go to me but never changed the will. Of course, what he inteded doesn't matter, as I frequently told him, and that the will is what would prevail. But as I started looking at other postings on this site, it sounded like joint checking accounts would go to the survivor and not into the probate estate.

Any suggestions?
 

BelizeBreeze

Senior Member
Cooper8 said:
California.

Thanks for the advice. I'll do that.

If the account is "mine," as they call it, then what does that mean as far as probate? Do I have to start a probate process still? If so, where do I even start?

If not, are my siblings entitled to some of the money if the will stated everything should be distributed evenly among us?

Basically, my father opened the account jointly with me because he wanted everything to be easier for me when he passed away and figured the money would just go to me, not to my siblings, and that I'd be able to skip probate. He intended the money to go to me but never changed the will. Of course, what he inteded doesn't matter, as I frequently told him, and that the will is what would prevail. But as I started looking at other postings on this site, it sounded like joint checking accounts would go to the survivor and not into the probate estate.

Any suggestions?
Actually, the will, if this is, in fact, a joint account, doesn't control. Your father can't give away something he never solely owned.

IF the bank releases the funds to you then you are free to distribute to your siblings. But get a signed release from each and every one of them acknowledging the receipt of monies, the amount and that they make no further claim to the estate.
 

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