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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36355
Experience:  Texas lawyer for 30 years in Estate law
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My husband passed away and prior to his death the majority

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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.
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 3 years 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 3 years 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.

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.

RayAnswers and 4 other Estate Law Specialists are ready to help you
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.

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

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