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Does Stepmom get EVERYTHING?

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VikingNutz

Guest
NEW YORK STATE -- My father passed away last month. In his Will, it is stated that my stepmother gets everything except that his stocks, bonds and bank accounts are to be divided equally between my stepmom, myself and my two siblings. We (the children) have been informed that because the bank accounts, stocks and bonds are in both my father's and my stepmother's name that they will automatically be granted solely to my stepmother. Obviously, due to the wording in the Will, my father did not intend that to be the case. Is there anything we can do, or do we just have to stand by and watch her walk away with every dime he owned (while we are left just wishing he had a better estate planning attorney)??
 


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depeche

Guest
It sounds like your instincts about wishing for a better estate planning attorney may be right. GENERALLY, joint accounts do pass automatically to the surviving joint tenant. However, at least in some states, you can attempt to make thr argument that her name was on the account solely for "conveneince" purposes, and not with the intent to transfer it on death. This is usually a difficult argument and the burden would be on you, but if there are enough assets involved, you may want to consult a local attt about this possibility. Good luck.
 
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VikingNutz

Guest
I suspected as much. Thanks for the input. I guess I will plan on being REALLY NICE to her in hopes that she will still honor what she knows were my father's wishes.
 
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dps

Guest
Alabama - Don't count on your stepmother to be "nice." I thought the same of mine, but be cautious. My Father left my step-mother with assets 3 times the value of the assets listed in the will, but she is contesting the will just the same. To circuit court we go.
 

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