Section 5301 Of Chapter 3. Ownership Between Parties And Their Creditors And Successors From California Probate Code >> Division 5. >> Part 2. >> Chapter 3.
5301
. (a) An account belongs, during the lifetime of all parties,
to the parties in proportion to the net contributions by each, unless
there is clear and convincing evidence of a different intent.
(b) If a party makes an excess withdrawal from an account, the
other parties to the account shall have an ownership interest in the
excess withdrawal in proportion to the net contributions of each to
the amount on deposit in the account immediately following the excess
withdrawal, unless there is clear and convincing evidence of a
contrary agreement between the parties.
(c) Only a living party, or a conservator, guardian, or agent
acting on behalf of a living party, shall be permitted to make a
claim to recover the living party's ownership interest in an excess
withdrawal, pursuant to subdivision (b). A court may, at its
discretion, and in the interest of justice, reduce any recovery under
this section to reflect funds withdrawn and applied for the benefit
of the claiming party.
(d) In the case of a P.O.D. account, the P.O.D. payee has no
rights to the sums on deposit during the lifetime of any party,
unless there is clear and convincing evidence of a different intent.
(e) In the case of a Totten trust account, the beneficiary has no
rights to the sums on deposit during the lifetime of any party,
unless there is clear and convincing evidence of a different intent.
If there is an irrevocable trust, the account belongs beneficially to
the beneficiary.
(f) For purposes of this section, "excess withdrawal" means the
amount of a party's withdrawal that exceeds that party's net
contribution on deposit in the account immediately preceding the
withdrawal.