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In California: can my Sister's significant other (who is POA…

In California: can my...

In California: can my Sister's significant other (who is POA on will) change the beneficiaries of my sister's' IRA prior to her passing without her signature or approval? My Sister passed away August 24. She was in much pain but in sound mind even until her final days. The funds were transferred August 8th into a Living trust which was set up in April 2017. My brother , Sister-In-Law, Sister, and I were at her bedside the first part of August and she specifically told us that we were beneficiaries of her account (IRA we assume). How do I make sure my Sister's dying wishes are kept and not stolen from her significant other?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Carmel by the Sea, California

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the revocable living will, POA, UBS beneficiary designation update form with just my sister's name on it, Significant other's attorney's email stating to well Fargo to make necessary changes to all accounts for Living will, and an email to UBS's Furman Sheppard stating that a new beneficiary assignment form signed by Carol is required. UBS is where the IRA were. Now I understand they all went to the my Sister's significant other and her wishes are not being met. What do I do?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The Attorney that set up the Living Trust for them says under the Heggstad petition they could do that legally. Is that true?

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Answered in 15 minutes by:
1/16/2018
P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 37,706
Experience: 12+ yrs. of experience including estate law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Sorry...what do you mean "who is POA on a will"...that makes no sense (a will and a POA are two entirely, unrelated, separate legal issues)

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Customer reply replied 7 months ago
He is stated as Power of Attorney in Living Will
Customer reply replied 7 months ago
overlook the POA that the significant other has been given. I want to know if an IRA's beneficiaries can be changed without a signature or agreement by the owner of that IRA? According to my Sister's significant other (Patrick)'s attorney it is all legal due to the Heggstad Petition. Is this true?

Thank you

A "living will" is NOT a will...at all. It is a POA...it is odd to call it a will.

So this begs the question...you mention "trust" was there a trust? And/or is there a will (again, a living will is NOT a will)

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Customer reply replied 7 months ago
Revocable living TRUST. SORRY. It is a trust.

Thanks
And aside from the trust, is there also a will (this is actually somewhat common)...or, did the terms of the trust have a clause that made all of her possessions at the time of her death part of the corpus of the trust?

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Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 7 months ago
But she died August 24 and the IRA was asked to be transferred August 8th. NOT after her death.

Does the IRA have a POD (pay on death) provision?

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Customer reply replied 7 months ago
I do not know since I do not have any copies of the IRA(s) just info on changing beneficiaries. Can I legally get copies?

Has someone opened probate?

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Customer reply replied 7 months ago
No. That is why they did the Living Trust to avoid Probate

Thanks
You are going to need to open probate to get the records. IF the IRA's has a POD? Then they are in a totally, separate, trust. A POD is a very specific type of trust (called Totten Trust). IF there is a POD designation, then when the account holder dies, the funds are put into the trust...so they are no longer part of the estate (and not part of the living trust).

BOt***** *****ne: if there is a POD, then the IRA's are not part f the estate.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
Thank you Phillip Simmons.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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Customer reply replied 7 months ago
I still have the question as to how to get copies of the IRA(s) in question? At least what they did state before they were transferred into Patrick's account. I don't know if there is one or more than one. I do not know how much they are but believe they could be worth hiring an attorney to resolve.

IF they are POD? And you have an idea WHO the beneficiary? You may be able to avoid hiring a lawyer...if the beneficiary of the POD provides the bank with a death certificate, the bank will pay the beneficiary...there is no need for a lawyer to accomplish this.

Frankly, you only need a lawyer if the bank is refusing to work with you at all on this...but if it is a POD account, and you can show the bank the holder of the account has passed away, the bank is going to pay the beneficiary of the POD

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
Unfortunately, Patrick's attorney has instructed the bank to transfer funds from IRA account to the Living Trust and used the Heggstad Petition as the legal reason. but I heard Carol state after August 8th that brother Larry for sure was one of the beneficiaries so she hadn't mentioned to give it all to Patrick!

Again, if it was in a POD, that is a type of trust...you can hire an attorney to engage on this and help sort it out.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 37,706
Experience: 12+ yrs. of experience including estate law.
Verified
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