QUESTION
Can my brother as the sole beneficiary take all the money from my father's estate even if there was no will?
Asked on Mar 09th, 2013 on Estate Planning - California
More details to this question:
My father made my eldest brother the sole beneficiary of the family estate. My father did not write any will. Can my brother take all the money for himself alone? What can I do about it?
20 ANSWERS
How did your father make anyone a beneficiary without a will or trust? You should object.
Answered on Apr 01st, 2013 at 3:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If your brother was named as beneficiary, then the money belongs to him, now. There is relatively little that can be done. This is a "poor man's estate plan," at best. It may have been your father's intent that your brother receive everything. If that was not his intent, however, the manner in which he set things up is going to completely frustrate his intent. This is why it is so important to do your estate planning through an attorney. You have a very small chance of prevailing if you can show that your father lacked capacity to make the beneficiary designations or if you can prove that your brother made these changes, while acting under a power of attorney. I am sorry I cannot give you better news.
Answered on Mar 12th, 2013 at 1:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself probate legal counsel. If there was no will, and you and your brother are the only heirs, then you are entitled to 50% of the estate of your father, unless this was life insurance, in which case your brother being the sole beneficiary is entitled to all of the life insurance proceeds.
Answered on Mar 12th, 2013 at 1:50 PM
In Missouri if one dies without a will, then his/her estate is intestate. The intestate distribution process is defined by Missouri Statutes. If one does not have a spouse, but does have children, Missouri law provides for specific guidance and rules on the distribution of the probate estate. Meaning all assets that have to be probated have to be gathered by the Personal Representative and the distribution of those assets then has to be approved by the Court. In your question, you indicate that your father died without a will. In this situation, the probateable assets would be distributed in accordance with Missouri law and each child would have rights to receive his/her share as defined by the Missouri Statutes. This does not apply to assets that may have been transferred outside of Probate, by deed or by beneficiary designation. In that case, the named beneficiary would be entitled to that asset with out regard to any Probate process, or outside of the Probate process, if you will.
Answered on Mar 12th, 2013 at 1:50 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your father left no will, how is your brother the "sole beneficiary"? The way you make someone the "beneficiary of the family estate" is to leave a will. Otherwise, children inherit equally. Did he name your brother as a "payable on death" beneficiary of all his accounts? You need to see a lawyer.
Answered on Mar 12th, 2013 at 1:49 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Your question is incomplete as you do not state how your father made your brother the sole beneficiary of the estate. If only your brother is receiving all assets by payable to death or transfer on death provisions, these are ways that your father made your brother the sole beneficiary. However, if there are assets in your father's name only at the time of his death and there are no beneficiary designations, then those assets need to go through probate and your brother is not the sole beneficiary. If there are assets in your father's name only at the time of his death with no beneficiary designation, please see an attorney about opening up a probate estate.
Answered on Mar 12th, 2013 at 1:48 PM
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If his name was placed on an account as a joint tenant and yours was not, the account is your brothers account. If there is a probate estate, meaning assets without beneficiaries, then the assets go through a court proceeding and are divided among all of the children, assuming that there is no surviving spouse.
Answered on Mar 11th, 2013 at 2:12 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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What do you mean when you say your Dad made your brother the sole beneficiary, but has no will? I assume you mean that he placed your brother's name on all of his titled property. This does not mean that he is a beneficiary, but a joint owner, and the property passes automatically to him. If this is the case, then he owns the property, and has no legal obligation to share the property. Depending on the size of the estate, there may even be tax implications if and when he does transfer any funds to you to any other family members.
Answered on Mar 11th, 2013 at 2:12 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If your brother is the sole beneficiary, then it is his. What makes you think that he is sole beneficiary? He would be sole beneficiary if your father left a will saying, for example, I have two children, namely A and B. I give my estate to B. But if he did not leave a will, how can YOU say that B is the sole beneficiary
Answered on Mar 11th, 2013 at 2:11 PM
What do you mean that your father made your brother the sole beneficiary of his estate? The usual way to do that is with a Will. Did he do it some other way? It would be hard to do effectively without a Will.
Answered on Mar 11th, 2013 at 2:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I am not aware of how somebody can be made the beneficiary of an estate without a will. If he was the beneficiary of the life insurance or 401(k), that is understandable. Perhaps you need to talk with an attorney and find out whether he your brother is pulling a fast one.
Answered on Mar 11th, 2013 at 2:10 PM
Without a will, your brother can not be the sole heir. All of his children as well as his spouse would be his heirs at law. You should consult a probate attorney to determine your best course of action.
Answered on Mar 11th, 2013 at 2:10 PM
The best advice is to immediately visit with an attorney who specializes in estates. If there is no Will, there is no named estate beneficiaries. There may be named beneficiaries on specific accounts, insurance or other assets. Generally, those beneficiary designations will control absent undue influence or coercion.
Answered on Mar 11th, 2013 at 2:09 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You need to speak to a probate lawyer as soon as possible about your situation. If your father died without a will trust, or other legally recognized document of that type, then he died intestate and did not designate anyone the sole beneficiary of his estate.
Answered on Mar 11th, 2013 at 2:08 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If there is no will the property passes under the intestate statute which should include all children.
Answered on Mar 11th, 2013 at 2:08 PM
Assuming you are from the U.S., if there is no will, the estate will be settled according to the intestate laws of the state your father resided in at the time of his death. Usually that means that a surviving spouse and children will split the assets. However, if your father transferred all title to his property to your brother prior to his death, there may not be much in his estate to distribute. Check with a local lawyer to see what action you can take.
Answered on Mar 11th, 2013 at 2:08 PM
You should talk with an attorney. More information is needed to answer this question properly.
Answered on Mar 11th, 2013 at 2:08 PM
If there is no will or trust and your mother is dead also, the children should share in the estate in equal parts.
Answered on Mar 11th, 2013 at 2:07 PM
If there is no will or trust then the estate must go through probate. One person cannot just take all the estate. This would be factually driven, however it seems that an estate will need to be opened and all the heirs will split the property.
Answered on Mar 11th, 2013 at 2:06 PM
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How did your dad make your brother the sole beneficiary if there was no will? Just call and speak with an attorney about your situation. Most attorneys will offer you a free consultation.
Answered on Mar 11th, 2013 at 2:06 PM