QUESTION

joint bank account

Asked on Jan 06th, 2017 on Wills and Probate - California
More details to this question:
My grandmother has a joint bank account with her husband. She passed. Her will states " I give Charles Schwab IRA account #xxxxxxxx or any other broker accounts or bank accounts not in the name of my Trust open at the time of my death, to: 1. Mark Allen Gallegos – 50% 2. Rachelle Gallegos – 10% 3. Travis Gallegos – 10% 4. Robert Vaughn Kobus – 30%, provided he was married to and living with Trustor as husband and wife at the time of Trustor’s death; provided, further, if ROBERT predeceases the Trustor or was not married to Trustor and living with her as husband and wife, then this gift shall fail and lapse and be distributed as follows: 10% to MARK GALLEGOS, 10% to RACHELLE GALLEGOS and 10% to TRAVIS ALLEN GALLEYS." the above is word for word..... from her statement "or any other broker accounts or bank accounts not in the name of my Trust open at the time of my death" does this make the joint bank account legally eligible for distribution?
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1 ANSWER

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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A will can only distribute property that is within the probate estate.  A joint account is not within the probate estate.  Furthermore, a married person can only give away her half of community property or separate property.  Therefore, this joint bank account with the decedent's spouse is not subject to distribution by the will.
Answered on Jan 20th, 2017 at 10:01 AM

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