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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100053
Experience:  Fully licensed attorney in Texas in private practice.
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If my father had no will and only listed sister and aunt as

Customer Question

If my father had no will and only listed sister and aunt as benifical. do I get anything
Submitted: 4 months ago.
Category: Estate Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me what state is this in? And if you say he had no will, then what did he list the sister/aunt on exactly? A bank account? Or an insurance policy?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 4 months ago.
bank account and Newyork
Expert:  Ely replied 4 months ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

1) If there is no Will, then the estate goes to the default family - see HERE, under "Who Gets What."

2) The problem is that the bank account is not part of probate. If it has an "upon death" beneficiary, then this is OUTSIDE of probate and that beneficiary assignment controls. So if the bank account has the aunt/sister assigned as "upon death" (or otherwise as a joint owner), then they get that money, not you. See HERE. I am sorry.

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