knort4

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knort4 last won the day on February 1

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About knort4

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  1. You can tell the spouse who never divorced that she will not be entitled to anything because she has committed bigamy. Your brother needs to hire an attorney to help him straighten out the mess he has on his hands so that his legal right to own the property will be secure by executing the proper real estate documents.
  2. The state is apparently Alabama. Were you the executor of the estate?
  3. Hire your own probate attorney and he/she can open up probate at the courthouse.
  4. If your mother wanted to disinherit your brother, she should have made her wishes known to the attorney so that the attorney could have advised her to put a phrase in the will that specifically disinherited him and also give a specific reason as to why she was doing so, or to leave him $1.00 just so the point would be made.
  5. So, it appears that Chase did make a mistake--so it begs the question of did they know or did they NOT know she was his ex-wife at the time they made the payout.
  6. Since you already stated that this is NOT a POD account, all of the laws you cited only relate to POD accounts and are not applicable in this situation. Truly a fascinating case you have here. It can not be definitively decided on this message board because you have not been told specifically what type of account it was. Probate is not the only factor involved here, general business law on what happens with a bank account will also need to be looked at. Perhaps it would have been helpful if your attorney had cited in his letter to the bank, the specific reason or law that supported his contention that the money should not be distributed (or maybe he didn't want to reveal that). Any business law attorney should be able to help you if he/she can show you citations of specific cases where he/she has sued banks in the past. Whether she was entitled to receive the money will depend on what type of account it was and here are some options, but it might still work out in your favor: ------------- http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.113.htm ESTATES CODE TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL CHAPTER 113. MULTIPLE-PARTY ACCOUNTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 113.052. FORM. A financial institution may use the following form to establish the type of account selected by a party: UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION FORM NOTICE: The type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts. You may choose to designate one or more convenience signers on an account, even if the account is not a convenience account. A designated convenience signer may make transactions on your behalf during your lifetime, but does not own the account during your lifetime. The designated convenience signer owns the account on your death only if the convenience signer is also designated as a P.O.D. payee or trust account beneficiary. Select one of the following accounts by placing your initials next to the account selected: ___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Enter the name of the party: ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON DEATH) DESIGNATION. The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the party's estate. Enter the name of the party: ________________________________________________________________ Enter the name or names of the P.O.D. beneficiaries: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes as a part of the party's estate under the party's will or by intestacy. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP. The parties to the account own the account in proportion to the parties' net contributions to the account. The financial institution may pay any sum in the account to a party at any time. On the death of a party, the party's ownership of the account passes to the surviving parties. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ (6) CONVENIENCE ACCOUNT. The parties to the account own the account. One or more convenience signers to the account may make account transactions for a party. A convenience signer does not own the account. On the death of the last surviving party, ownership of the account passes as a part of the last surviving party's estate under the last surviving party's will or by intestacy. The financial institution may pay funds in the account to a convenience signer before the financial institution receives notice of the death of the last surviving party. The payment to a convenience signer does not affect the parties' ownership of the account. Enter the names of the parties: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s): ________________________________________________________________ ________________________________________________________________ ___ (7) TRUST ACCOUNT. The parties named as trustees to the account own the account in proportion to the parties' net contributions to the account. A trustee may withdraw funds from the account. A beneficiary may not withdraw funds from the account before all trustees are deceased. On the death of the last surviving trustee, the ownership of the account passes to the beneficiary. The trust account is not a part of a trustee's estate and does not pass under the trustee's will or by intestacy, unless the trustee survives all of the beneficiaries and all other trustees. Enter the name or names of the trustees: ________________________________________________________________ ________________________________________________________________ Enter the name or names of the beneficiaries: ________________________________________________________________ ________________________________________________________________ Enter the name(s) of the convenience signer(s), if you want one or more convenience signers on this account: ________________________________________________________________ ________________________________________________________________ ACKNOWLEDGMENT: I acknowledge that I have read each paragraph of this form and have received disclosure of the ownership rights to the accounts listed above. I have placed my initials next to the type of account I want. _______________________ Signature *************************************************************************************
  7. Were you able to read the court order that made the stipulation about withdrawing the money? At the time the order was done, did you discuss with the attorney what the procedures would be for requesting the money? Is this attorney merely holding the money in a trust account for future withdrawals or does he also have the right to charge or deduct a fee every time that a withdrawal is paid out? Do you still have an ongoing contractual relationship/fee agreement with him? You really need to look at the court order to see what it requires. You also need to find out exactly what type of account the money is being held in (is it a trust account controlled by the attorney or is it a Uniform Gift to Minors Account (which has other rules governing how it is distributed)? Before you find another attorney, you need to discuss your concerns with the present attorney. He may be sympathetic enough with your son's situation that he might be willing to forego his fee if you asked him not to. Or the rules may or may not allow him to charge a reasonable fee or no fee at all. Any business law attorney should be able to assist you with this if necessary.
  8. Has the stepmother's will been officially probated through the county court? And is her probate now finished? If your current attorney can not show you proof of the interpleader being filed and have him show it to you on county court records online, then you need to get another attorney.
  9. And where is the "secret codicil"--is it in your father's will or in the trust? Or is the codicil in your stepmother's will? Basically it appears that no one had any authority to take out the $100,000.00 from your father, so basically whoever did it committed theft. Your father should have taken steps immediately to get this money back. She is just blowing smoke--there is no way whatsoever that she has any type of medical records or diagnosis that would indicate he is mentally incompetent or unduly influenced. She is going to lose big time if she even attempts to pursue this, because she has no proof of anything. The insurance company has no legal basis to be "scared". Do not automatically assume that going to court is going to cost a huge amount of money. All of the facts appear to be in your favor. You need to get representation by an attorney as soon as possible, to find out where the $100,000.00 is and to attempt to get it back. When your attorney goes to bat on your behalf, a long, drawn out court proceeding will not even be necessary and this can very easily be resolved.
  10. Purchase an hour's worth of a trust attorney's time to have them review the documents you have and to listen to your explanation. It is not very likely that you will find a trust attorney on this message board who would be able to competently advise you without seeing the documents involved.
  11. On what basis does this other party think they "should have been named" as a beneficiary? Is it someone who was related to the decedent? Unless it was an ex-spouse who had a clause in the divorce decree that stipulated that insurance should have been provided, then the other party's claim is doubtful indeed. You may want to retain the services of an attorney who specializes in insurance interpleader cases, which is what this case involves.
  12. Do what you all should have done from the beginning--go through the probate process at the county courthouse and get the property officially and legally re-deeded. Executor will have the legal authority to request that taxes be paid. Your question is not posted in the proper category to get appropriate responses. Please delete this posting and instead post it in the Wills, and Estates message board.
  13. If you know what city your father died in, you need to know the name of the county for that city so that you can go online to find that county's superior court or probate court. Go to the website for that county superior court or probate court and you can do a case search there, using your father's first and last names, to see if a probate case file has been opened for his will, and the page should also show who was appointed as executor. If nothing comes up, then that means that most likely he has not yet submitted the will to the court. You are right to think that this sounds a bit sketchy. Yes, his wife is entitled to a portion of the estate, so that may affect how much the other beneficiaries (you and your brother) eventually receive. YOU have no business and no legal responsibility to be making mortgage and insurance payments on the house (although in this case it's probably a good idea that you are helping out temporarily) because these are supposed to be covered by the will or by the trust. Do NOT be pressured into co-borrowing until you have a definite financial figure of how much money you will be receiving from the trust or from the trust, and even then you should not co-borrow unless you can afford to help your brother out with that. So what if he loses his investment that he has already spent--if he is a working adult, he should be mature enough to rent an apartment in the meantime. It's not your fault that he planned badly--he should not have gone ahead with building the home until he had fully secured funding in place. It looks like he may have been counting on what he was going to receive from the trust, and then the factor of the wife's share kind of threw things off-kilter somewhat. You need to hire the services of your own trust and probate attorney so that the attorney can review what has occurred so far and can answer your questions about how to proceed. Look at the language of the trust and the will to see if there is an exemption that does not require that an executor's bond or a trustee's bond be posted. You might ask your attorney if you can request that an executor's bond be posted in order to protect against possible theft or misappropriation. Your attorney can also look at the accounting to determine if it is complete or incomplete. And you also have the right to ask the trustee, in writing, for a copy of any federal tax returns he prepared for the trust, if any.
  14. You are being litigated against by who and what are you being charged with? The sad fact is that you could have informed her of the losses yourself (no matter how frail you say she was, she probably was sound enough mentally to be able to understand and deal with a simple explanation like that) and it's too bad that you didn't think to ask her to amend the trust, while she was still alive, to make the changes that were agreed on in the meeting.
  15. Is probate ongoing now or is it over? At any point during probate proceedings, did you consult with a probate attorney to get advice on how to get your concerns/worries/questions answered? The prior representation in a criminal case is not necessarily a reason for recusal in a probate case that has no connection to the criminal case. Your focus should be going after the auctioneer as to why he/she put the items up for auction--do you have any way of knowing if the items were submitted for auction with the executor's approval or not? Maybe the auctioneer was unaware of what the will stated. What is the value of the personal items?