Is there any point in trying to fight this: Blended family. Both parents now deceased. Surviving spouse put own children's name on bank accounts and as beneficiaries to other assets before death. Small remaining estate according to will and trust must now be divided equally between all surviving children. Is there any way to balance this out.
Thanks for your question and good afternoon.I am so sorry to hear of your dilemma here.I am the professional that will be assisting you with your question.In your situation unfortunately, if they were added prior to death to the bank accounts as joint owners, when the parents deceased, those accounts would have transferred instantly to sole ownership of the other surviving owner.They do not pass through the estate..In retirement accounts, a beneficiary is named much like an insurance policy..Both of these type accounts would then transfer outside probate and would not be considered assets of the deceased's estate. Since they are not in the estate, they are not subject to any division under the will.Any items that are part of a trust again would pass through terms of trust itself and not through probate.The remaining assets of the estate that do pass through the will will be sold as part of the process and after payment of claims and other estate costs then would be distributed according to the terms of the will.It really is not possible here to balance this out as it amounts to different pies if you will and are distributed totally differently.I wish I could tell you otherwise but the accounts and other items with named beneficiaries again pass outside of probate and the will.The trust controls any items transferred into the trust. The will only controls those assets that pass through the estate.
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Texas lawyer for 29 years in Estate law
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