How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29259
Experience:  Texas lawyer for 29 years in Estate law
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

My husband passed away and prior to his death the majority

Resolved Question:

My husband passed away and prior to his death the majority of his 401k to his sister who was investing money for him. The problem is after his death she disbursed this money to our daughter. The INT forms from the IRS has her return address. I was also told by Morgan Keegan that Randy, my husband had a joint account with his sister. I have paper work shows her receiving large amounts of money.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Thanks for your question and good morning.

Can you give me more information here.Are the accounts you are asking about have community funds in them, were they from funds earned during your marriage, is there a will here, please some more information so that I may respond to you here, thanks..
Customer: replied 1 year ago.

This was his retirement fund we had been married 36 years. There was no will I was designated Admi of his estate in Harrison County Texas. I also worked and did not realize what he was doing moving money.

Customer: replied 1 year ago.

We were married 36 years I also worked I did not realize he was moving his retirement fund. There was no will I was designated Admin of his estate by Harrison County Texas I need advice and an attroney.

Expert:  RayAnswers replied 1 year ago.

Thanks for the information here.Normally in Texas any accounts with right of survivorship pass to the designated beneficiary.Here if these were acquired during marriage then they would be presumed community property.As a spouse here you would have your lawyer send a demand letter for an accounting and for your community share.

You would be entitled to your community share (one half) here because these were acquired during the marriage.If the demand letter here does not work you would have to file a civil suit claiming that you are entitled to a half share of community funds as well as an accounting.

Now if the accounts after research named you personally or the estate as beneficiary then they pass to you outright or to the estate--again depending on who was named beneficiary.But overall if these were marital community funds earned during his marriage to you certainly you can pursue your half.And you may be entitled to more here depending on who was named beneficiary.

The sister cannot gift these funds if they are not legally hers to do so.You may want to consider a local lawyer here, you need an accounting for starters and then calculate your half interest.In a civil suit you would also subpoena records to see who the named beneficiaries were and other related information.You may want to do this as soon as possible here because in these type of situations funds tend to disappear as well as records over time.

I am so sorry that you are having to go through all of this.It certainly looks like you are due funds in this matter and a lawyer may pursue these for you.It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again for your patience.

 

You can locate a local lawyer through our bar association.They offer you a half hour office consult for a minimal fee here.This will allow you to go over what information you have and send out a demand for accounting and payment of your share of funds.

 

http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29259
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 7 other Estate Law Specialists are ready to help you
Expert:  RayAnswers replied 1 year ago.
Thanks again for letting me help you today.Let me know if you have more follow up.I know this can all be kind of overwhelming.

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.