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KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1615
Experience:  Attorney at law Office of KJLLAW
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My dad died a couple months ago, what i thought was a joint

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my dad died a couple months ago, what i thought was a joint bank account with my mom, dad and myself, i just found out it is a joint account with me and him and my mom as a beneficiary. its not my money, its my moms, my name was put on the account so i could help out to deposit checks and get money out for them. i was told today to get a disclaimer to reliniquish interest of an account form, is there a standard form i can get or download?
JA: Estate laws vary by state. What state are you in?
Customer: ca
JA: What documents or supporting evidence do you have?
Customer: my dad didnt make a will, but first thing i did was get my mom a trust. we were trying to get all the accounts into a trust
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have all the forms, death certificate, just need to know the right direction to go

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What are you trying to do? To take your name off the account? Or, something else?

Customer: replied 2 months ago.
its a rather large account and trying to put it in my Moms name and out of my name (also i would end up paying taxes on it and i dont touch it, since its not my money). once its in my mom's name, it will be switched over to the "forbes family trust", until that time when my mother would die, which i would hope she would spend the money!
Customer: replied 2 months ago.
hearing impaired, easier to type...sorry

Is your mom's name already on the account?

Customer: replied 2 months ago.
no, she is the beneficiary

Okay. Last question. Is there a separate trust instrument (document) which controls this (you being the trustee, her the beneficiary) of the bank account, or not?

Customer: replied 2 months ago.
no, she has the living trust, this one bank account was my Dad's, for some reason, he was primary, i was joint and she was beneficiary. with he died, i became primary, she stayed beneficiary. i take the hit for taxes, unless i come up with a form for a "disclaimer to relinquish interest of an account", so that's what the senior banker told me to request, i just cant find the form on line

I am going to opt out of your question and open this up for other experts.

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My apologies for any inconvenience and good luck.

I'm another expert. I believe this is the form the bank is requesting. Here is a link.http://www.prudential.com/media/managed/Model_Disclaimer_Form.pdfI hope this helps and clarifies. Please don't forget to rate the question with stars.
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 1615
Experience: Attorney at law Office of KJLLAW
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