How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45526
Experience:  Attorney with 29 years of experience.
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

My Mother just passed and my brother has been her Power of

Customer Question

My Mother just passed and my brother has been her Power of Attorney..There are four siblings and we are to evenly split her CD'S/Stocks, savings...My brother has been named the Executor at this point...He now claims my Mother has left her $30,000 in savings to an unknown benificiary, and he CAN NOT find out who it is...He claims her bank will not give him (the Executor) the info...Is this true????
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Hi there. Something doesn't quite ring true. First of all, when you mother died, her Power of Attorney terminated at death. Thereafter, the person designated as her executor in her will has control over her estate....if she did not have a will, the state's intestacy proceedings would designate an executor/administrator of her will. Either way, there would be no unknow beneficiary. If there is a will naming your brother as an executor, her will would dictate who would be the beneficiaries of her estate...those would have to be specifically named. If there was no will, the state has an intestacy succession protocol...which specifically addresses who is entitled to inherit. The only was that any of this would have been avoided was if your mother's saving account had another person on the account as well and the account was set up as joint tenants with right of survivorship....meaning as soon as your mother died, the other owner became the owner of the account. Even so, the bank can be compelled to let you know that.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Customer: replied 4 years ago.
So in other words, my brother knows ..Apparently HE is the bebeficiary since he has been writing checks for my Mother since she has been down with this Cancer..I live in Georgia, and three brothers are in Virginia where she resided..She has lived on his property for 10 yrs and he has had contol of her bank accounts for some time!!!! He told my sibling brothers and myself he did NOT know who the UNKNOW was and it was okay by him,,,Should we contest???Thanks
Expert:  Richard replied 4 years ago.

Yes, your brother as executor has a fiduciary duty to all the beneficiaries. You should definitely demand a full accounting of all your mother's assets and you can demand to see documentation relating thereto. Your brother would definitely know what was going on...what he is telling you sounds highly suspicious...and you should put him on notice...by certified, return receipt letter--that you demand to know what is going on..and if he does not let you know or he does and you feel he is not treating you fairly, that you fully intend to file a suit against him for a breach of his fiduciary duty. Also, if he is actually taking money that doesn't belong to him, you can file criminal charges.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

 

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 45526
Experience: Attorney with 29 years of experience.
Richard and 10 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thanks you sooooo much!!!!!!!
Expert:  Richard replied 4 years ago.
Glad to have been able to help you! Best of luck to you!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.