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hello my step father in law died 7-10-08. my husband was named next of kin at the local hospital and my steph father in law had two byalagical kids that he had not seen since 1970's came forward and removed my husband a next of kin & they made his oldest byalogial son head of estate. I don't know how! we just got a phone call two days ago from his credit union and they said that he had a savings account with my husband as benificary. The byalogical son called and said that is does not matter who is named benificary that they get the money first if there is any left they may think of sending us some is any of that sound legal? I thought benificary ment that was the person that the money went too!

Submitted: 373 days ago.

Category: Estate Law

Value: $15

Status: CLOSED

harvey, North Dakota

Already Tried:
i have tried getting a lawyer from Iowa where we are from but they said we have to get a lawyer from North dakota. I have tried to get the funneral home to give us a copy of the death cirtificate they said no. The byalogical kids said no. So I am tring this to see if it is worth fighting? They have won everything else because they have money we are a family tring to grief but want what is ours! The bank is saying if the byalogical kids throw a fit they will probably have to give the money to them

Accepted Answer

I am just basing my answer on the facts that you have presented here. If that bank account has named your husband as a "payable on death" beneficiary or as a "joint tenant with rights of survivorship", then you are right, those funds immediately go to your husband upon his step-dad's death and are not part of probate, so his brother would have no rights to it. So the brother is not correct in what he is saying. Further if their is a will, your husband has the right to a copy of the will typically with 15 days after probate has began. He can issue a written request for a copy and a failure to delivery can raise a dispute at probate that his brother is not competent to handle the probate process and should be removed.

From the information provided, it would be a good idea for your brother to speak with a local lawyer who can represent him while he is out of state. Good way to find a lawyer is through the Martindale website here. He can browse by practice area, lawyer or lawfirm.

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Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Accepts:
Expert:	lawNinvest
Pos. Feedback:	100.0 %
Answered:	11/15/2008

Attorney

Have experienced in the subject matter.

372 days and 11 hours ago.

Reply

the probate was over november 10th 2008. But they are still saying there could be bill coming in in the next two years and that is why they get the money

372 days and 11 hours ago.

Reply

they say there was no will

Accepted Answer

Thank you for your reply.

If probate is now over, the creditors can come after the estate for the next two years, but the creditors can only go after the estate, NOT a payable on death account or an account that bypassed probate. So the brother is totally misinformed here. First, make sure that your husband is in fact a payable on death beneficiary or a joint tenant with survivorship rights to this account. If he is the bank simply has to disburse to your husband and not have to deal with the executor. These types of accounts are not subject to probate and are not to be reached by the creditors. Any outstanding bills, would be the responsibility of the estate. From the information you have provided you have a good case to get the bank to release to your husband. It should not be going to the estate as this is a bypassed account. Not your why the bank is intimidated by the brother, but a lawyer should be consulted to contact the bank and see why there is an actual hold up.

If I have been helpful, please click Accept for my time and research. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Accepts:
Expert:	lawNinvest
Pos. Feedback:	100.0 %
Answered:	11/15/2008

Attorney

Have experienced in the subject matter.

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If I have been helpful, please click Accept for my time and research. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

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the probate was over november 10th 2008. But they are still saying there could be bill coming in in the next two years and that is why they get the money

Reply

they say there was no will

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If I have been helpful, please click Accept for my time and research. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

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If I have been helpful, please click Accept for my time and research. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

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the probate was over november 10th 2008. But they are still saying there could be bill coming in in the next two years and that is why they get the money

Reply

they say there was no will

Accepted Answer

If I have been helpful, please click Accept for my time and research. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

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