CA trust and probate laws, joint tenancy community property designation of bank account for deceased spouse

Joint tenancy/community property designation for bank account of deceased spouse: I know this married couple in california whose mother passed away this year and had a trust. The trust is still being settled and the husband who was one of the beneficiaries just died. There was no clause for spouses. Probate has opened and the couple have a checking account where the statement shows the husband name on top and wifes name below but nothing else. About a month before he died he deposited a substantial amount in the account from a insurance policy that wasnt in the trust. He died without a will. Is the money in that account subject to be withdrawn and placed in the probate account and/or does the wife have a right to retain all or part of it. What would happen if that money is removed by the wife and put into an account with just her name on it. - Is this your question? Add additional information
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Answers (1)

Aaron Roy Feldman

Aaron Roy Feldman Avvo Pro

Contributor Level 4
You seem to have multiple issues.
Your mother-in-laws trust distribution to your late husband should now be in his probate along with the insurance proceeds you mention.
If your husband did not have a will then you have an interest in 1/2 of the community property and any assets in joint tenancy. The balance is distributed by the laws of intestate succession and may be affected by the number of children you have.
I recommend consulting an attorney to go over the facts in greater detail.
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