QUESTION

Bank CD payable to my late parents

Asked on Jul 31st, 2013 on Wills and Probate - Illinois
More details to this question:
My late uncle left a Bank CD to my parents, who preceeded him in death. The CD was payable to my parents upon my uncles death. My brother and sister cashed the CD and I do not know the amount or issuing bank. How can I find out how much it was for and if I am entitled to any funds?
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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If the CD was, indeed, payable on death to your parents, and if your parents predeceased your uncle, then the CD would have to go through the estate of the survivor of your parents, unless your siblings were named as contingent beneficiaries on the CD. How do you know the CD was payable on death to your parents? Maybe it was not, and maybe your uncle changed it before his death, especially after you parents predeceased him. If the CD was still payable to your parents when your uncle died, and if your parents left a Will, the Will of the survivor of your parents would control the disposition of the assets. If they did not leave a Will, then their estate would go to their children in equal shares. If the survivor of your parents had an estate exceeding $100,000, a probate estate would have been necessary to dispose of their assets. It the estate was less than $100,000, then the estate could have been handled by the vehicle of a Small Estate Affidavit. There are a lot of questions left by the few facts you have given. The Bank is not likely going to talk with you. They are bound by laws that prohibit them from disclosing information except to people with a right to know. The most likely source of the answers to your questions is your siblings. Whether your relationship with them is good or bad, they are the ones who have the answers. If they are not willing to give you information, then you might need to hire an attorney to contact them and inform them of their fiduciary obligations (if any).
Answered on Aug 02nd, 2013 at 11:04 AM

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