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  1. #1
    ErikaA11 is offline Junior Member
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    Family members assete seized because husband was a beneficiary....

    What is the name of your state (only U.S. law)? Pennsylvania

    My husband owes arrears for back child support. We have been paying faithfully and slowly chipping away at the arrearage. Because he has arrears they did the whole, suspend the license, tax returns, look for assets , etc...

    We have no bank accounts, however, my husband was a beneficiary on one of his parents accounts (legally has no right to touch any of the money until a death occured)do the courts have a right to seize that account? The bank itself wants to know how they even found out he was a beneficiary. Have the courts overstepped there boundries with this? His family is a nervous wreck now thinking that they can have any of there assets frozen. Are we just "S.O.L." with this or is there anything we can do other than having his name removed from all accounts as a beneficiary.

    Thanks in advance
  2. #2
    justalayman is offline Senior Member
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    how is the account held? What are you saying makes him a beneficiary of the account?
  3. #3
    mistoffolees is offline Senior Member
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    I wouldn't do it that way. If multiple people are listed as beneficiaries, CSE could sieze the full account. Rather, I'd have it set up as a trust and only the amount that each beneficiary gets would be in their name. CSE could still seize his inheritance, but not everyone else's.

    Or did this already happen? You stated that husband HAS not right until a death occurred which implies that the death hasn't happened yet. But then the title says the accounts were seized. If I'm understanding correctly, no one has died, the accounts list your husband as one of multiple beneficiaries, but the accounts were seized.

    IF that's the case, then they shouldn't have been able to seize the accounts because they're not his until the death occurs (actually, not until after probate is done). The account owner probably needs to get an attorney.
    Last edited by mistoffolees; 11-23-2010 at 07:41 PM.
  4. #4
    ErikaA11 is offline Junior Member
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    Let me clarify

    Acoounts held are in my Husbands parents names. They are both still alive and well. Husband was listed as a beneficiary only. I would assume that legally the funds are not his unless a death occurs.
  5. #5
    justalayman is offline Senior Member
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    can you answer my question ? I haven't suggested any possible means of holding title because I do not want you to guess. It makes a lot of difference as to what they can do.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by ErikaA11 View Post
    Acoounts held are in my Husbands parents names. They are both still alive and well. Husband was listed as a beneficiary only. I would assume that legally the funds are not his unless a death occurs.
    If he is only listed as a beneficiary then you are correct. If he is listed as a co-owner then things could get seriously problematic.
  7. #7
    ErikaA11 is offline Junior Member
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    They are checking and money market accounts held by my husbands parents. He is beneficiary only in the event of their death.
  8. #8
    justalayman is offline Senior Member
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    Ok, let me ask then.

    Is the account written as TOD or POD with the parents alone as owners?

    He is not listed as a co-owner or a joint owner, right?

    If so, they cannot seize the funds for any reason I am aware of. They can place a lien on the account though so when it does transfer to your husband, he cannot take it and move it anywhere.

    the fact they were able to discover these accounts at all tends to suggest he does hold some current interest though.
  9. #9
    mistoffolees is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    Ok, let me ask then.

    Is the account written as TOD or POD with the parents alone as owners?

    He is not listed as a co-owner or a joint owner, right?

    If so, they cannot seize the funds for any reason I am aware of. They can place a lien on the account though so when it does transfer to your husband, he cannot take it and move it anywhere.
    I doubt if they could even do that. The money belongs to the parents and they are free to do whatever they wish with it. They could go out and buy a yacht with it tomorrow and the state could not legally stop them (again, assuming that the accounts are solely in the parents' names).

    Quote Originally Posted by justalayman View Post
    the fact they were able to discover these accounts at all tends to suggest he does hold some current interest though.
    There's SOMETHING else going on, for sure.

    I suspect they're going to need an attorney to straighten it out.
  10. #10
    justalayman is offline Senior Member
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    =mistoffolees;2696247]I doubt if they could even do that. The money belongs to the parents and they are free to do whatever they wish with it. They could go out and buy a yacht with it tomorrow and the state could not legally stop them (again, assuming that the accounts are solely in the parents' names).
    You are correct, it could not limit what the current owners do with the account. It would be a lien on a future interest of the OP's husband.

    There's SOMETHING else going on, for sure.

    I suspect they're going to need an attorney to straighten it out.
    I suspect there is something more than the OP knows or posted. I cannot see how the fact of being a bene with no title interest would be discoverable.
  11. #11
    nextwife is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    You are correct, it could not limit what the current owners do with the account. It would be a lien on a future interest of the OP's husband.

    I suspect there is something more than the OP knows or posted. I cannot see how the fact of being a bene with no title interest would be discoverable.
    And even if it WERE discoverable, it's legally irrelevant while the owner is alive.

    The named beneficiary has zero right to the assets until the owner dies, not to mention the owner has every right to change beneficiaries as often as they wish, so the beneficiary is not locked in until the actual death occurs.. I may have my hubby and daughter named, but I also have every right to spend every penny BEFORE I actually go, if I wish. A beneficiary's POTENTIAL future rights don't usurp the actual owner's rights!

    I agree there is something we are not being told.
  12. #12
    ErikaA11 is offline Junior Member
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    I am not witholding any other information.....That is what is so disgusting about this whole ordeal. Have the courts really overstepped their bounds with this? Do my in-laws have any legal recourse?
  13. #13
    legal eagles is offline Junior Member
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    Smile Assets seized, beneficiary

    These assets cannot be touched, sized, garnished, levied, etc because your husband does not and is not entitled to any benefits while the parents are still living. Even after death, there is still a PROBATE period if we are talking about Probate, Trust, Wills & Estates.

    I am a bit confused by your post. Is the concern that other beneficiaries could possibly loose their inheritance because of your husband's debt? if this is your question, then the answer to that question is NO.

    Other beneficiaries cannot be legally held liable for another person debts, in any state.
  14. #14
    nextwife is offline Senior Member
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    Quote Originally Posted by legal eagles View Post
    These assets cannot be touched, sized, garnished, levied, etc because your husband does not and is not entitled to any benefits while the parents are still living. Even after death, there is still a PROBATE period if we are talking about Probate, Trust, Wills & Estates.

    I am a bit confused by your post. Is the concern that other beneficiaries could possibly loose their inheritance because of your husband's debt? if this is your question, then the answer to that question is NO.

    Other beneficiaries cannot be legally held liable for another person debts, in any state.
    If it is an asset that passes via beneficiary designation (such as an IRA, 401k, annuity, etc.) that asset would likely NOT be subject to the probate process.
  15. #15
    Isis1 is offline Senior Member
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    I still suspect the parents put him as a co-owner. Maybe the put his name on the wrong line, whatever the case may be. But I find it quite possible.

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