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Shady Will Executor

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lucky.cookie

Junior Member
What is the name of your state? California

What a mess! I live in Sacramento, CA. A friend whom was terminally ill 'moved' back to TN 3 mo. ago and passed away 3 weeks ago.

His younger half sister (early 20's) was named the Executor of his Will. She is being influenced by her family wanting to dispurse his assets as they see fit, not following the Will. How do we, as friends (some named in Will), go about 'reminding' her that it is her legal obligation to follow the Will? I am uncertain if she has to follow CA or TN law. Would it depend on how long he's resided in TN (less than 3 mo.)?

He was married, but only 'on paper' for benefit reasons, they never resided together. If she is not named the benficiary on his 401k or life ins. is she entitled to anything? Will she be entitled to the proceeds of his home in Sacramento, when sold, if it is in his name only? Is there a way for the Executor to petition some way that they were sepearated with no intent to reconcile? Would the 'wife' have to agree to this?

The beneficiary on his 401k is his sister (the Executor), but in his Will he indicated he wanted it to be dispursed among three of his close friends in CA (no I am not one of them). Does she have to dispurse or can she keep for herself? Also his Life Ins. named a friend in CA, as the beneficiary. Does she have a legal obligation to keep him in the loop?

Prior to his death, his brother racked up fraudulent charges on his credit cards. When he left CA, he had approx. $5k debt. He now has $25k. The family back in TN does not want to press the issue and get the brother in trouble. However I don't know if they realize this money he charged up will be deducted from the assets. Is there anything we can do, just as friends of the deseased in regards to these fraudulent charges?

If items were/are dispursed to unnamed people in the Will, what grounds does someone have to aquire that property if it was meant to go to them?

I'd appreciate any comments on how to go about informing the Executor she must obide by the law. Also, how do we go about finding out if there is an attorney/probate court involved?

Thanks!
 


aanubis

Member
I will address a few items. Any named beneficiary on a 401K or life insurance policy is the only person that company will pay to. That's the entire reason for naming a beneficiary, thus avoiding the probate process for those accounts. Perhaps his will was dated before / or even after he named the beneficiaries and he simply forgot he had done the other**************..

The spouse will have some benefits, regardless of whether or not they ever resided together. Courts do not look at hearsay, rather facts and legal documents.

If you know about the life insurance policy, or the beneficiary does, go ahead and start the claim with the company. Start with a phone call and know that generally, they will ask for a completed claimant's statment, the original policy (if lost or unavailable, just check that box), and a certified copy of the death certificate. Generally only the wife or executor is entitled to certified copies, however, the beneficiary can get one by showing "proof of interest" which is the policy/documentation from the ins. compay showing that person named as beneficiary. Some companies will also ask for a newspaper obituary although no one has to place that notice, so it's not always available.
 

ShyCat

Senior Member
Actually, per Federal law (ERISA), a 401(k) always goes to a surviving spouse regardless of the beneficiary designation unless that spouse signed a waiver.
 

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