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Is Husband an Automatic Beneficiary?

I have a joint checking account with my mother. She is married, but not living with my father. When she dies and the account becomes mine, does my father have any rights to it? We are in California.

Untitled

The norm for joint deposit accounts is that the owners have rights of survivorship, and ownership is vested in the survivor(s) when one owner dies. Whether your father has any claim to the funds will depend on specific provisions of California law relating to spousal claims on community property. He would first have to claim that funds in the account are community property and that he is entitled to them, in spite of the fact that he moved out. For further information on whether community property laws in California might affect your rights to the funds, speak with a local attorney.

Published on BankingQuestions.com 6/18/09