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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37356
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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The executor is transferring stocks from deceased into her

Customer Question

the executor is transferring stocks from deceased into her account,and not listing deceased retirement account as assets.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is Barrister and I will try my level best to help with your situation or get you to someone who can..Is this regarding two different accounts, a normal one and a retirement account?.If so, was the normal account jointly owned by the deceased and the executor?.Who was listed as the beneficiary of the retirement account?..thanksBarrister
Customer: replied 2 years ago.
two different account for deceased. the other is the executor.The executor also has account at Moran Stanley,and is also benefifiary too,along with her brother.The only two beneficiaris.Executor did not list Morgan Stanley as.a asset.That stocks should go to TRUST...yes or no
Expert:  Barrister replied 2 years ago.
Ok, as a general rule retirement accounts have designated beneficiaries so those assets would pass directly to the named beneficiary outside probate just like a life insurance policy payment would. So if the retirement account had a beneficiary or beneficiaries names, those proceeds would go directly to them and would not be an asset of the estate..As for the other account, it would be considered an asset of the estate unless it was jointly owned with someone else. If it was, then it too would pass outside probate to the surviving owner..If it was solely owned by the deceased, then it would pass to whoever the beneficiaries of the deceased's will are once it went through probate...thanksBarrister