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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41040
Experience:  Texas lawyer for 30 years in Estate law
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My mother died 3 years ago, she had sa bank account

Customer Question

My mother died 3 years ago, she had sa bank account with440,000 dollars in it.she also had a trust. Right away my brother had me sign a [paper to make him executer of the bank account becuz he said it was not included in the trus t. I did not have a copy of the will and I believed him when he said it was going to go in probate otherwise.A at leastfter talking to my trustee she mentioned to me that the bank account was supposed to be in the trust, it wasnt registered in the trust but in 4 different places it said ALL bank accounts are included in trust. not only property. I own 55% of that trust, he already separated the money 2 years ago, but if the bank account was in the trust I lost out 100,000.00. Did I mention I am on disability for bipolar depression and ptsd, andI was in mass grieving when i signed him executer I couldnt even think correctly, Would the bank account be in trust? Is it worth looking into?
Submitted: 9 months ago.
Category: Estate Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 9 months ago.

No it would not be in the trust unless the account was title the ***** ***** Trust Account.Otherwise it was in her name personally and if there was no beneficiary it passed through probate and her estate.The trust here only owns things that are titled specifically in the name of the trust.It is possible she did not want the money in trust name or never got around to it.But overall this does not sound like a trust asset because the title or name on the account was not in the name of the trust for whatever reason.In that circumstance the trust has no claim to the funds.They can only claimed things title to the trust.

Please don't shoot the messenger here I wanted to give you accurate information under Illinois law.It was not a trust asset here since the trust name wasnot on the account.

Now whether you got your fair share here under the will or probate is a different issue.You have right to check into that but you would have to open probate and have judge review the matter.

I am so sorry for your loss of loved one, he wasn't lying here about the account assuming he divided it as probate would have done and you got that share.

I appreciate the chance to help you today.Thanks again.

Customer: replied 9 months ago.
he gave me great advice
Expert:  RayAnswers replied 9 months ago.

Thanks , if you can rate 5 stars at the top it is much appreciated.

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