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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
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One more question please -my deceased brother passed away in

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One more question please -my deceased brother passed away in San Francisco - his residence was in Brussels and Jerusalem. There is a predeceased wife - no surviving children, no Will. The deceased wife's family is claiming, according to Israeli law, they should have received 30% of the inheritance - however, my deceased brother transferred all of his money $300,000 (which was passed to him from is deceased wife) from a Swiss Bank and/or Israeli to Bank of America in California before he passed. My living brother was listed as POD (payment on death beneficiary) As surviving brothers and as the beneficiary of the $300,000 - can the family claim any of that money from us. Are we as surviving brothers responsibile for the actions of the deceased brother not notifying Isralei that the 30% should go to the family - can the family claim 30% of what we received -


Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.


Since the money was in CA at the time of his death, then CA law controls how that money is distributed. Since his brother was named as beneficiary, payable on death, then that named brother (the beneficiary) is entitled to the money. Israel law is not controlling since that law is only applicable with respect to money/property that was held in Israel at the time of death. Thus, the family cannot claim under Israel law that they are entitled to the money. Under CA law, only the named beneficiary is entitled to the money.


Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.

Customer: replied 3 years ago.

Thank you. another question regarding the above. My brother's deceased wife passed and the money was passed on to my deceased brother. So he had $300,000 in a Swiss account - then transferred to California. (Again, No Will, No Surviving Child) According to Israeli law, the deceased wife's family claims that they should have received 30% of the money. Again, before my brother passed, he moved the monies to a California account where as surviving brothers were POD. Can the family claim we embezelled the money or that the money passed from the deceased wife should go to them, not my brother -

Yes, it may be true that her family was entitled to a portion of that money. However, any claim they have would be against your deceased brother for taking the money when he shouldn't have done so. As he is now dead, such a claim would be against his estate. If the beneficiary or beneficiaries your brother named for the CA account were not aware of any potential wrongdoing on his part, then they cannot be held liable for his wrongdoing. If they have already spent the money, etc., they would not have to pay it back. However, it might be possible for the family to sue the estate in CA and obtain an order requiring that the funds be returned to the estate for the family to claim any portion to which they might be due under Israel law. This would be unusual and is certainly not likely to occur. Until the due file such a suit in CA (or obtain an Israel order and obtain the assistance of a CA court to execute that order), then they cannot require the money to be returned.
Customer: replied 3 years ago.

Thank you.

You're welcome. Glad I could help. Please let me know if I can help with anything in the future. Thanks.
Customer: replied 3 years ago.

one more question there are two survivimg brothers who received the monies i live california and the otjer survivimg brother resides in jerusalem israel can the family attach anything to our accounts?

If the brother in Israel has received funds and holds the funds there, then the family would be able to get to the funds once they establish in an Israel court that they are entitled to recover the funds from that brother.

At this point, I would ask that you please provide a positive rating. Without your positive rating, I cannot receive credit for assisting you. Thanks so much for understanding. Have a great day!
Customer: replied 3 years ago.

if my brother in israel moves his monies to a bank in california, can the family attach to the CA account

Maybe. As I previously explained if they received an order in Israel saying they're entitled to the money, they would first have to enlist the help of a CA court before they could touch the money. Then, the CA court would have to determine whether it would allow access to the funds.
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