QUESTION
How do I find out if mom's equity passes to him or her family?
Asked on Dec 29th, 2013 on Estate Planning - Idaho
More details to this question:
My mom passed away recently from bladder cancer. She was home only 2 1/2 weeks after surgery before passing. Her friend/roommate has been a little bit fishy. He says that my mom listed him as beneficiary on all her accounts, even though I definitely know that my mom had savings accounts established for all her grandchildren. She asked me to sign a signature card but I was unable to get to her home before her surgery as I live in a different state. Also, my mother and he are both co-owners of the home they lived in. Mom did leave him as beneficiary on her life insurance. How do I find out if what he is saying is true? The bank will not disclose any information until her death certificate is available and then they said it may be minimal. After her passing he pushed everyone out of the home quickly and said he needed time alone. He bagged and discarded her clothing and all of her furniture and a lifetime of memories are still in the home. Also, they lived together for 9 years.
13 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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You need to consult with an attorney and might need to petition the court to name you as executor to probate her estate.
Answered on Mar 19th, 2017 at 5:52 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can open up an estate and become administrator so you can have the authority to look into all of assets and take care of her affairs. If she had a will, whoever she named in the will would have the authority and first priority to open her estate.
Answered on Jan 07th, 2014 at 6:31 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You probably need to retain counsel to help you with probate and estate administration matters. If you are appointed executor of your mother's estate, you may be able to obtain information much more easily about the accounts you are worried about. You will also have the right to gather your Mom's personal effects under court supervision. The bank need not talk to you if you are not an official representative of your mother's estate. It thus may be necessary to have a lawyer intervene for you. For better or worse, letters on lawyer letterhead tend to be more effective at drawing a response. You can obtain a copy of the deed for the house through the county recorder's office, though you will likely need to pay a fee for it.
Answered on Jan 02nd, 2014 at 11:08 AM
Go to the County Clerk's Office and see what the deed to the house was recorded as. If they were merely joint tenants, then her portion of the house would pass to her estate which would have to be probated, whether or not she had as Will. If they were joint tenants, it would pass to him without probate being required. That they lived together has no effect on anything as they were not married.
Answered on Jan 02nd, 2014 at 11:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am very sorry for your loss. You have a very tough situation. Legally, he is probably justified in doing what he has done. Given the long term nature of the relationship and the fact that everything apparently is in his name, at this point, you may have little recourse. If the accounts were set up as you believe, he will not be able to get access to them. If the beneficiaries were changed, then there is not much you can do. You would need to prove that the changes were made when your mother was incapacitated or subject to undue influence. It is difficult to prove this. I would give him some space and time. He has suffered a loss, as well, and he may simply need time to process this. As for the personal items, he may have no use for many of them, and may be willing to give them to you, down the road a bit.
Answered on Jan 02nd, 2014 at 11:07 AM
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The issue is how tile is held. Were they joint tenants or tenants in common? It would probably be best to schedule a telephonic consultation with an attorney where your mother lived to get advice on your next steps, and costs associated with the same.
Answered on Jan 02nd, 2014 at 11:07 AM
Run do not walk to an attorney and file a petition to be appointed personal representative in a probate proceeding. That is the best way to become entitled to all the information and the legal authority to reclaim property.
Answered on Jan 02nd, 2014 at 11:07 AM
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Contact an attorney ASAP. Don't try to do this alone or you may well get nothing. Look at the title on the home to see if you will be entitled to a portion of it. The bank will be the best place to start once you get the death certificates and if title to the home shows you have an interest in it, you may want to open probate to get the most information. You need an attorney.
Answered on Jan 02nd, 2014 at 11:06 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate lawyer to represent you as the beneficiary of your mother's estate and start making inquiries to determine whether you are entitled to any asset of the estate.
Answered on Jan 02nd, 2014 at 11:06 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It sounds like someone needs to file an probate matter for her estate. to get legal authority to investigate. One of her children will most likely be appointed if this guy, and your mom, were not married. Contact a probate attorney immediately before he discards items you cherished.
Answered on Jan 02nd, 2014 at 11:06 AM
Any assets just in your mom's name will need to be probated.
Answered on Jan 02nd, 2014 at 11:05 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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As a child of the deceased you can open a probate of your mother's estate and then have the authority to fully investigate the nature of your mother's assets. If your mother had a will then the will would designate an estate representative. If there is no will a family member is likely to be appointed as representative. Any accounts held in joint tenancy with the friend would automatically transfer to the survivor upon the death of a joint tenant. The same would be true of the home. If the home was held as tenants in common with the friend, then your mother's share of the home would be in her estate. If any accounts had payable on death directions or designated beneficiaries then the accounts would transfer according to the direction on the account. You should advise the bank of your mother's death and deliver the death certificate requested by the bank.
Answered on Jan 02nd, 2014 at 11:05 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, hire an attorney in the area to open a probate estate. Even if he owns the home, he doesn't own the furniture. Also, the personal representative will than have the right to look for her assets and find out if what the roommate said is true. Also, a quick check of the property records should tell you if the deed was joint or was it a tenancy in common.
Answered on Jan 02nd, 2014 at 7:48 AM