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What are my legal rights to a bank account in which: Was setup

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What are my legal rights to a bank account in which:
Was setup in my name when I was a minor, by my grandmother.
The account has my name and my grandmothers name on it.
I am now 34 years old.
My grandmother is now deceased.

The bank says they can't give me any information on the account because it was setup when I was a minor and that I will have to wait 5 years, let the money go to the state and then to me.
Hello,

The account that you describe is called a "Totten Trust." Under Cal. Probate Code 5404, the proceeds of the account may be paid to you if you can prove that you are the sole survivor of your grandmother -- or alternatively, if all of the other survivors "disclaim" (relinquish) their interests in the account to you.

If there are no other survivors, then you may be able to prove your right in the account by submitting a "small estate affidavit" to the bank (as opposed to seeking a court order, which may be more costly than the amount found in the account).

If you would like a link to a representative small estate affidavit, please let me know and I will be happy to provide.

Hope this helps.
Customer: replied 3 years ago.

Ok.


My grandmothers executor is my aunt, whom is still alive. In this instance what are my options?


Can I ask my aunt to contact the bank and relinquish the account to me?


The bank did say that they don't think my aunt knows the account exsists, if I tell my aunt about the account is there a possibility that she could keep all the money?

My grandmothers executor is my aunt, whom is still alive. In this instance what are my options?

Can I ask my aunt to contact the bank and relinquish the account to me?

 

A: You can, but the bank will still require that every beneficiary of your grandmother's estate sign a document disclaiming their interest in the account.

The bank did say that they don't think my aunt knows the account exsists, if I tell my aunt about the account is there a possibility that she could keep all the money?

 

A: The general rule is that you're entitled to the account proceeds, but it's up to the executor/personal representative to collect the account, inventory it as part of the estate and then distribute it to you. See Estate of Allen, 12 Cal.App.4th 1762 (CA App. 2/3/1993).

 

Hope this helps.

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