Cousin refuses to share money

[otis]

What is the name of your state? Florida

Hello! My Aunt died 2 months ago and left a savings acct with a substantial amount of money in it. My cousin is the beneficiary. My Aunt told me a few years ago that she instructed my cousin, her niece, to split the money with all her nieces and nephews. Since my Aunt's death my cousin has closed out the account and refuses to split the money with us. She said that our Aunt never instructed her to split anything. Is there anything we can do to contest this acct in court? Or are we out of luck?
Thank you for your time in this matter.

 

[tigger22472]

What is the name of your state? Florida

Hello! My Aunt died 2 months ago and left a savings acct with a substantial amount of money in it. My cousin is the beneficiary. My Aunt told me a few years ago that she instructed my cousin, her niece, to split the money with all her nieces and nephews. Since my Aunt's death my cousin has closed out the account and refuses to split the money with us. She said that our Aunt never instructed her to split anything. Is there anything we can do to contest this acct in court? Or are we out of luck?
Thank you for your time in this matter.

Is there or was there a will of any sort? Was the cousin's name on the bank account?

 

[colourfastt]

What is the name of your state? Florida

Hello! My Aunt died 2 months ago and left a savings acct with a substantial amount of money in it. My cousin is the beneficiary. My Aunt told me a few years ago that she instructed my cousin, her niece, to split the money with all her nieces and nephews. Since my Aunt's death my cousin has closed out the account and refuses to split the money with us. She said that our Aunt never instructed her to split anything. Is there anything we can do to contest this acct in court? Or are we out of luck?
Thank you for your time in this matter.

You didn't really give us enough information to answer this I'm going to make an educated guess. Since you did state that this cousin is the "beneficiary" of the savings account, I would assume that the account is "payable on death" which means that upon the death of your aunt it became the sole and immediate property of your cousin free and clear of any claims of anyone else.

 

[nextwife]

Yup, if the account was joint with cousin or payable to cousin on death, it is not part of Aunt's estate at all. If Aunt wanted it distributed equally, she should have structured the account/estate differently. I see the same mistake made on jointly titled real estate- the owner thinks it will go into their estate, rather than to the co-owner.

THis is why you need an attorney if you want to make sure your estate will end up going where you wish.

 

[BelizeBreeze]

THis is why you need an attorney if you want to make sure your estate will end up going where you wish.

Or at least a bottle of white-out next to the EKG machine

 

[nextwife]

Or at least a bottle of white-out next to the EKG machine

I always have a roller of white out tape in my purse - you never know when you may need it.....

 

[otis]

So what you people are telling me is that I have no legal ground. Legally the court won't accept hearsay of a deceiased person? If my aunt wanted it some other way she should have had it in a will or had the account changed? Oh, by the way there is no will. My aunt lived with her neicie and sold everything she had around 6 or 7 years ago.

 

[Zigner]

Based on the facts you have presented, you could bring a video of auntie saying she wanted it split, and the cousin would still get it all...
Sorry

 

[colourfastt]

So what you people are telling me is that I have no legal ground. Legally the court won't accept hearsay of a deceiased person? If my aunt wanted it some other way she should have had it in a will or had the account changed? Oh, by the way there is no will. My aunt lived with her neicie and sold everything she had around 6 or 7 years ago.

In this case it wouldn't matter what the Will states, the account passes outside of probate and is therefore not under the control of the Will.

 

[otis]

So i can't go to court telling the judge that my Aunt told me that she wanted the money to be shared? That is hearsay? Am I correct?

 

[seniorjudge]

Q: So i can't go to court telling the judge that my Aunt told me that she wanted the money to be shared?

A: No, you cannot.


Q: That is hearsay?

A: Yes.


Q: Am I correct?

A: Yes.

 

[nextwife]

Poster, think about it. If all it took was a "left out" party showing up and claiming, without any proof, that the assets were intended to be distributed differently than the owner set them up to be, everybody could claim, after the party is dead and unable to dispute it, that the decedants money/assets aren't being distributed in accordance with their wishes!

The court has to presume that, when someone chooses to add a party to an account/asset in a way that will make them full owner upon their death, this WAS their intent. Cousin didn't become co-owner by accident - he was put there by the owner of the account.

 

[otis]

Thank you. I understand now.

 

[nextwife]

Thank you. I understand now.

You're welcome. WE aim to please!