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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I am the second signer on my late common law wife's

Customer Question

I am the second signer on my late common law wife's accounts. She willed the accounts to her children, they are wanting me to transfer the money into their accounts prior to probate. Should I do this?
Submitted: 1 year ago.
Category: Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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No. You should open up probate and transfer the money once probate is open. The reason being that you are required to notify any and all creditors and pay off all of the descendant's debts prior to making a disbursal to any beneficiaries.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
Since I am not in the will, what are my legal ramifications if I did it?
Expert:  MIAMILAW1127 replied 1 year ago.

Are you the executor of the estate?

If you are not, you will be held liable for any actions you take that impact the estate. In this case, any creditors could potentially come after you for disbursing the funds.

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