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.
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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).