Beneficiary Question

What is the name of your state? Michigan
My Mom passed away Jan. 17th, 2008. She left me as the beneficiary of several things. However, my Step-Dad will not let me see the papers. I am going to be leaving town for a month. Can my Step-Dad do something to take my name off of anything as the beneficiary? Is that legal? I have asked him twice to let me see the papers. Is it my legal right to see the things that I am beneficiary of? My Mom's retirement Rep. said to try not to get a lawyer involved. Thank you for any help.

If you can be more specific about the "things" and the "papers," then you will likely get more specific advice. Do you mean a will, beneficiary designation on retirement accounts, Pay on Death designations on bank or investment accounts, etc?

As a general answer... No, your stepfather cannot change those "things."

I am listed as the beneficiary on my Mom's Buy-out for her retirement, her 403B, 2 Mutual Fund (Tax Shelters), and a life insurance policy. I was able to start things with my Mom's buy-out and 403B because I specific friend of my Mom's helped her with those things. My Step-Dad has mentioned both the Mutual Funds and a Life Insurance. My Mom's retirement Rep. said my Mom mentioned the mutual funds - but those are listed with companies that are separate from Howell Public Schools where my Mom taught. The Life Insurance was also gotten through Howell Public Schools, but it is with a separate company if that makes any sense. I didn't know about the Insurance until I came home for my Mom's funeral. My Step-Dad started mentioning it when he said he didn't have the money to pay for the funeral. Since then he keeps telling me that everything is intertwined, and things weren't specific about who the beneficiary is. But if you are the beneficiary, you are the beneficiary, right?
My Mom wanted me to have everything except the house - her and my Step-Dad are listed on that, and my Mom gave my Step-Dad 50% of her pension for life and health insurance because he is a Diabetic. My Mom has supported my Step-Dad since they have been together. She made him sign off on everything many years ago, but just changed the pension stuff when she retired in 2007. She told me at Christmas that they had an argument about it, and he was mad that she didn't have life insurance for him. She told him she had given him enough. She wanted us to go and put my name on her bank account. Her and my Step-Dad keep everything separate. They just have one account that they both put money in for bills. We didn't do it. Neither my Step-Dad or I are the beneficiary on her bank account. I know I don't have any claim to it, and it should be used to pay for her funeral.

You seem to know who the mutual fund and life insurance companies are. Correct? Contact them, identify yourself as the beneficiary, ask them about the process for making a claim, and get it started.

Be proactive. Go on the offensive. Don't get tangled up in some discussion with stepfather. If he wants to try to somehow challenge it, you aren't going to stop him. But, you want to be on the high ground if he does. Stake your claims!

And, since you mention 403B and tax sheltered mutual funds, if you have not done so already, you might want to consult with a tax professional to discuss how to handle those in order to avoid any income tax land mines.

No, that is why I need to see the papers. I don't know that names of the companies.

Did she leave a last will and testament and is it being probated in court? Normally the will is filed within 30-60 days after the death, so check at the county courthouse to see if it has been filed and then if it has been, get a copy.

If it has not been filed, then does her husband have it and is possibly withholding it?

The money in the bank account belongs in the estate and someone will have to open up probate before it can be claimed. If husband files the will and hires an attorney to be executor, then all you need to do is attend probate hearings or wait to receive a check if there are any assets in the estate.

Since you are somewhat naive about how estate matters are handled, it would be wise for you to at least consult with a probate attorney (and hiring him for consultation purposes only, perhaps on an hourly basis) just for the purposes of him advising you on how to proceed through probate and to claim all assets and look for the companies who have the assets. The husband can be required to provide that information to the court.

DANDY DON IN OKLAHOMA