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CD of Incapacitated Individual

My father and I were both listed on two CDs. I withdrew the CD and placed it in my name only after my father became very ill and not able to handle his affairs. My stepmother says I had no right to do so, because she considers the funds "community" and I did not deposit into that account. Her name is nowhere on the CD or the account. I contend that my father intended for me to have the funds or he would not have set it up that way.


If you and your father were listed as joint account owners, you had the contractual right to close the CD. Whether your stepmother had any community property rights to the funds is a separate issue.

Published on BankingQuestions.com 11/25/08