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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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If my husband has dementia and has taken my name off his CDs.

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If my husband has dementia and has taken my name off his CD's. Can I at his death receive those monies that is in the CD's? I live in Mississippi.

Thanks for your question and good evening.

Here if this is marital property, money acquired during marriage you would have to seek your share through probate.It also depends if he has put on another person as a joint owner with right of survivorship.If he has here then it may pass outside of probate to that named survivor.

If there is no other persons name on these as jointly owned here they would pass through his estate if they are separate premarital property.If they are funds earned during marriage you may assert both a claim to your half and also as an heir if there is no will.You are going to need your own lawyer to fight for these in probate if your name does not appear especially if someone else's name is XXXXX XXXXX with right of survivorship.

If these are considered marital property that is the funds were earned during marriage you have a much better chance at getting a larger share.You may want to have a lawyer check into this now to see how they are set up and to see what can be done to better protect your rights to these CDs.

 

If no one elses name is XXXXX XXXXX CDs as a survivor here and there is no will they pass under the Mississippi laws of intestacy( no will)..

 

If you die with:here’s what happens:
  • children but no spouse
  • children inherit everything
spouse but no children
  • spouse inherits everything
  • spouse and one child
  • spouse inherits 1/2 of intestate property
  • child inherits 1/2 of intestate property
  • spouse and more than one child
  • spouse and children inherit intestate property in equal shares
  • parents but no spouse or children
  • parents inherit everything
  • siblings but no spouse, children, or parents
  • siblings inherit everything

Please let me know if you have more follow up questions.I want to make sure you have the information you need about your situation.Thanks again.

 

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