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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33072
Experience:  Estate Law Expert
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My father passed away naming my brother a.s executor. He verbally

Customer Question

My father passed away naming my brother a.s executor. He verbally gave me his home but died before he had a chance to change Deed. Also, he had a checking account, CDs and an annuity but instead of these things being in just his name he had them put in my brother's name too because he was the Executor. All my life my father said these things would be split equally. Now my brother says its all his and he said the estate attorney says so as well. My Dads Will states everything in the Estate would be split equally and now my brother had it all. Do I have any rights
Submitted: 3 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 3 years ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You can file to probate the will and pass everything according to the terms of the will.

JD 1992 :

However, as to the accounts that were "put in your brother's name" whether those will be split or pass outside of probate directly to your brother depends on how the paperwork was done.

JD 1992 :

If he was put on as the beneficiary of the account or a "Joint Tenant with Right of Survivorship" then it passes to him and you don't get half without contesting it in court. You will have to get a copy of the paperwork and take it to a local probate lawyer and have them look it over.

JD 1992 :

The house will still be part of the estate even though your dad gave it to you orally. The law says that ownership or title to real estate, including a house or land, can't be passed orally it MUST be in writing to be effective.

JD 1992 :

Please ask any follow up questions in this thread. I am assist others this morning as well so it may take a few minutes to get back to you when you respond so please be patient.