beneficiary

[Larry_G_Jobes]

I'm beneficiary of my deceased brothers' accounts and joint ownership in my deceased brother's saving account. My deceased brother didn't have a will. My brother was divorced. Now my deceased brother's ex-wife and daughter wants to take me to probate court to get my deceased brother's money. My brother's daughter is the representative of the estate. I'm under the impression that the only thing in his estate, is what is in my deceased brother's name. My brother house was sold. My deceased brother lived with are other brother. The only things that was in my deceased brother's name, was his car, his pick-up, and his tools. What I'm wondering is my deceased brother's money is that a probate item and will the beneficiary have to turn that money over to my deceased brother's daughter? This was not my deceased brother's wishes.

 

[lwpat]

Any joint accounts are not a part of the estate. The executor has the right to request the information but there is nothing that they can do. Just be sure that you reply promptly to any paperwork.

Just for your own information you may want to visit the probate court and copy the file. They will also have booklets explaining the laws in your state.

 

[Larry_G_Jobes]

Originally posted by lwpat
Any joint accounts are not a part of the estate. The executor has the right to request the information but there is nothing that they can do. Just be sure that you reply promptly to any paperwork.

Just for your own information you may want to visit the probate court and copy the file. They will also have booklets explaining the laws in your state.

 

[Larry_G_Jobes]

Thank-you, I was glad to here that. I,m guessing the representative of the estate is not the same as the executor? Can a beneficiary be takin to probate court, and over turn the beneficiary to someone else?

 

[lwpat]

By your post I understood that the daughter was the executor or personal representative. Both terms are used.

In this counry you can be taken to court over anything. Just ask Richard Simmons. Anytime you go to court the outcome is always in doubt.

 

[Larry_G_Jobes]

Thank-you for your reply, lwpat. Going to probate court does not bother me, it's just the paper work that the other attorney, or my brother's daughter, is requesting. I just feel like being the beneficiary and take the money and forget about it. But on the other hand, my brother's daughter, as not offered to pay for any of my brother's expenses. Like medical or funeral expenses.

 

[lwpat]

Responsibilities of Executor

If the daughter is the executor then she is responsible for paying the funeral expenses and medical bills from the estate. That is assuming there are assets.

If you have paid any of these personally then you have a claim against the estate and need to file the claim with the probate court.

 

[Larry_G_Jobes]

Thank-you for your peply, lwpat. The daughter was named the representative of the estate. Is that the same as executor? My deceased brother named me as beneficiary on all his accounts, checking, savings, IRA'S, and joint ownership on a savings account. My deceased brother's ex-wife and daughter, signed a statement of agreement, to pay all outstanding bills, like medical, funeral,and other bills, from my deceased brother's life insurance policy, which was still in the exwife's name as beneficiary. After three monthes of talking about my deceased brother's accounts, neither the exwife or daughter, of my deceased brother, will talk to me now. It's been over six monthes now, and they have not said a word about paying for any of the expenses. As far as I know all my deceased brother's bills I have paid, with no out standing bills as far as I know.

 

[Larry_G_Jobes]

My deceased brother had no will.

 

[lwpat]

What is your question?

 

[Larry_G_Jobes]

My question is that my deceased brother named me as beneficiary on all is accounts. Can my deceased brothers' daughter demand that I turn over all my deceased brother's money to her? As I was beneficiary on all his accounts and joint owner of a savings account, with survivorship. My deceased brother's daughter wants to take me to probate court. Like I said he had no will.

 

[Larry_G_Jobes]

Hi lwpat, my question is, I being named beneficiary and joint ownership with survivorship, do I have to account for my time to David's daughter to paying David's bills? If David gave me a check for X amount of dollars, and we put it into a joint ownership with survivorship. Is this money legally mine? Everything I read about beneficiary's and joint ownership accounts, is that they just pass on without probate. I would like your comments.

 

[lwpat]

Joint accounts or life insurance proceeds are not a part of the estate. You do not have to account for the money or pay any of the estate's bills. The only cases I know of where this has not been the situation is where the money was withdrawn prior to death. Some states will make this a part of the estate and you have to return the money.

I think that you are worrying over this way too much. Have you been to the probate court and verified that she is actually the executor as I suggested in my first post?

 

[Larry_G_Jobes]

Thank-you for you fast reply. We live in the state of Minnesota. Thier was a probate court hearing in which Davids' daughter was named representative of the estate. No money was paid out of those accounts prior to death. Now that she is representative of the estate, she will not pay any expenses that was accord now or before the death of my deceased brother, her father. All she wants is for me to turn over the money to her.

 

[lwpat]

representative of the estate, she will not pay any expenses that was accord now or before the death of my deceased brother, her father.

That is her problem, not yours.

All she wants is for me to turn over the money to her.

That is your decision, not hers. You can do whatever you want with the money. If you give it to her check for any tax consequences first.

 

[Larry_G_Jobes]

If she desides to take me to probate court, and says it was my Dad's intent that his money, that was in Ira's, savings, and joint saving, even if you was named beneficiary on his accounts and joint ownership with survivorship, this money was for my education, living, investing and anything else I want. Can a judge over turn a named beneficiary and joint ownership with survivorship? Just to make things clear, I paid all my deceased brothers bills out of his savings accounts. Neither his ex-wife or daughter have made any effort to pay any bills. Can I demand that they pay them?

 

[Larry_G_Jobes]

Lwpat, my biggest question is, is the money legally mine or would the judge over turn a beneficiary and joint ownership with survivorship?

 

[lwpat]

Larry, you have asked and I have answered this question several times. If you are that worried please make an appointment with an attorney and have him review the documents and provide you with legal advice. I can't do that over a forum.

If you don't know an attorney try the link on this site. If one is not listed in your area send me a private email and I will provide some resources.

Personally you have done more than what was required by paying the expenses. I doubt that she is going to take you to probate court anyway. Has she made a formal request for any documents? Has an attorney contacted you? If not then wait until one of them happens and then consult your own attorney.

 

[Larry_G_Jobes]

Hi lwpat, I,m sorry, but maybe I did not make it clear. Her attorney has contacted me, and wants me to turn over X amount of dollars to my niece. I have contacted an attorney. My attorney wants me to make a counter offer back to them. I said no. It's my money now and she can go away with nothing. Am I wrong for asking my attorney, now who's money is it? Is it my money or my niece's money?

 

[lwpat]

My attorney wants me to make a counter offer back to them.

Make an appointment with your attorney and ask him to explain why you should make a counter offer. Also ask him if you can make a claim against the estate for the expenses you paid. Be sure to take all of your documentation to him in an orderly fashion. Do not give up your originals, make him a copy of everything.