Will and Benificary

[cncmachine]

My mother passed away almost 2 years ago. My Uncle is the executor and trustee for my kids and he lives in another state. We have a "family" attorney, that is very good friends with my Uncle. Two months after my mother passed I received a document from her bank stating I was the sole beneficiary. A year later I received one that said my kids were the beneficiary's. It took the attorney 20 months to finish everything. And then sent me the will stating everything is left to my kids. What can I do?

 

[army judge]

The will trumps intestate law.
If mom wanted your kids to have EVERYTHING, they'll get EVERYTHING.

 

[cncmachine]

Think your estate planning is done once you've gone to the trouble of making a will? Think again. All your hard work can be undone with a stroke of a pen when you open a bank, brokerage or retirement account.When the account owner dies, the assets go directly to the beneficiaries named on the accounts, bypassing the sometimes long and costly probate process. Boston lawyer Harry Margolis tells of one man who wrote a will leaving his entire estate to his longtime girlfriend, and on his deathbed recalled that he had certificates of deposit naming relatives, some since deceased, as beneficiaries.(what I read up on)

 

[cncmachine]

Also told this: 1) If a bank account listed you as POD / TOD (payable/transfer on death), then the account is yours and doesn't have to go through the estate process. Go to the bank, show them the death cert, and bingo, the account is yours.

I think your mother had some sort of complex trust set up, of which we don't know the details other than your uncle is trustee. Reading the trust document will go a long ways in understanding the purpose of the trust. If the uncle, as trustee, isn't doing his duty to provide for your kids under the terms of the trust, you can file with a court to have him removed... Look at the trust document to see who the successor trustee is.

 

[cncmachine]

Accourding to the will, my Uncle is the trustee of the inheritors, which is my two children. So he is in charge of the account. He is to manage their account and invest or release money when he thinks it maybe for proper and suitable support. In the event of them turning 25, they receive whatever is left in their accounts within 60 days.
Why was the banks benificary changed a year later and why did I get the will almost two years later. Was something changed? My children have certian needs that I don't think my Uncle is capable of doing or understanding. He doesn't know my kids or me for that matter. We never kept in much contact.

 

[army judge]

Accourding to the will, my Uncle is the trustee of the inheritors, which is my two children. So he is in charge of the account. He is to manage their account and invest or release money when he thinks it maybe for proper and suitable support. In the event of them turning 25, they receive whatever is left in their accounts within 60 days.
Why was the banks benificary changed a year later and why did I get the will almost two years later. Was something changed? My children have certian needs that I don't think my Uncle is capable of doing or understanding. He doesn't know my kids or me for that matter. We never kept in much contact.

If you wish to challenge or question the current distribution, you'll need to retain counsel.
I'm sure there are many excellent trust & estate lawyers in your area.
Perhaps you'll investigate them starting tomorrow?