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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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I have been named Beneficiary bank account held in the name

Customer Question

I have been named Beneficiary for a bank account held in the name of my brother
in law.
Last month, my brother in law who lived in Los Angeles county CA had passed away .
I contacted the bank and I was able to receive the money.
Since there is no will drawn, and if the next to keen / relatives go to court and probate
can the money that I have received from the bank as Beneficiary be recalled by court. ?
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation, and my condolences on your loss. It's possible that the beneficiary designation could be challenged, in that if your brother in law did not have the legal capacity to understand the nature of his actions when he named you beneficiary, that money could be required to be turned over to the estate. But the burden of proof on that matter would be on the individuals that would be trying to overturn the beneficiary designation. Otherwise, it would be a nonprobate transfer of an asset, and as such not part of the estate. And in that sense, it would not be able to be recalled by the court.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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