Beneficiary vs Will??

[vegasdog75]

What is the name of your state? CA

Hi,
I was wondering if someone could help me here. My uncle just past away not to long ago and he named my grandmother and a friend of his as the exacutor of the will. The will says my brother and I are named to spilt everything he has, Like monies and property. But my grandmother wants it all to herself. She has went to his broker and he says she is the beneficiary on most of the stuff and he will take care of it without a lawyer. My dad did gave the will to her lawyer but she says that she don't need him anymore and the broker said his papers will superseed the will. Could this be true, If not would should I do? Also he has property in other states, Like NV and New Mexico. Could that change things

Thank you

 

[anteater]

The quick and dirty answer is: yes, it could be true.

Any account on which there is a designated beneficiary transfers to that beneficiary outside of probate, superceding what the will says. Any asset on which grandmother was a co-owner as joint tenant with right of survivorship also passes to her outside of probate.

While it is not outside the realm of possibility that the broker is lying about a beneficiary designation being in place. it is unlikely since the broker potentially could end in one big heap of legal trouble by doing so.

 

[vegasdog75]

Thank you

Thank you for your help.

 

[Dandy Don]

If SHE won't file the will for probate, then you need to do so after consulting with a probate attorney. The assets where she is not named beneficiary still need to be probated so you can get your share, but if possible try to find out from grandma exactly what those assets may be and what their value is, or have the attorney do it.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

What is the name of your state? CA

Hi,
I was wondering if someone could help me here. My uncle just past away not to long ago and he named my grandmother and a friend of his as the exacutor of the will. The will says my brother and I are named to spilt everything he has, Like monies and property. But my grandmother wants it all to herself. She has went to his broker and he says she is the beneficiary on most of the stuff and he will take care of it without a lawyer. My dad did gave the will to her lawyer but she says that she don't need him anymore and the broker said his papers will superseed the will. Could this be true, If not would should I do? Also he has property in other states, Like NV and New Mexico. Could that change things

Thank you

Did uncle have ANYTHING that was solely in his name? If so, you need to probate. If not, then everything has gone to other people outside the will, which is perfectly legal.

 

[vegasdog75]

info

Hi and thanks for everyone giving me info on how to handle this.
The thing is that my dad turned the will over to my grandma's lawyer who is friends with the broker as well. I don't have a copy of the will and she won't tell me what the broker says about what my uncle had by himself. She just tells me everything could be superseeded. She is already very wealthy and has me power than me with monies. How can I find out what is the truth. How can I get a copy of the will from lawyer and records from broker? All I have is their name and location of their office. Do my brother and I have rights to this info?

 

[seniorjudge]

Hi and thanks for everyone giving me info on how to handle this.
The thing is that my dad turned the will over to my grandma's lawyer who is friends with the broker as well. I don't have a copy of the will and she won't tell me what the broker says about what my uncle had by himself. She just tells me everything could be superseeded. She is already very wealthy and has me power than me with monies. How can I find out what is the truth. How can I get a copy of the will from lawyer and records from broker? All I have is their name and location of their office. Do my brother and I have rights to this info?

Time to get a lawyer.