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Dad passed away with no will

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dontcallmebart

Junior Member
I live in the state of New York and my father passed away in July of 2004.My father passed away with no will and no assets. My mother who divorced my father 10 years ago recieved the condo that he lived in.That was prearranged before they separated. My father has an annuity and named my older brother bennificiery it was worth 56,000 when he passed away. My father often said that money was to be split between the three children. I was made executor to his bank account and split that up between us, The total value of that was 12,000. My older brother also took my fathers brand new SUV,and cleaned out his condo before my father was even buried.We do not speak to each other and haven't for many years,am I legally intitled to any of the anniuty? It is my word against his and he is saying that my father spent the money before he passed away which is impossible seeing as how he spent five months in the hospital and I have the account statement showing what was in the account one month before his death and no withdrawels or pennalties were on it.I also called the annuity company and they stated that my brother was paid the funds but legally couldnt tell me anything else. can someone please help me.I also have the only grandchildren they werent even able to have a shirt that my father owned everything was thrown away.Thank you for any help you can give me.
 


BelizeBreeze

Senior Member
dontcallmebart said:
My father has an annuity and named my older brother bennificiery it was worth 56,000 when he passed away.
am I legally intitled to any of the anniuty?
No, the annuity passes outside of probate.

Now the big question is why are you allowing your older brother to get away with stealing? The SUV, as well as other 'property' should have been sold and the monies split between the children.
 

dontcallmebart

Junior Member
I don't know the right way to go about anything. The suv is sitting in my brothers drive way. He is a new york city detective and doesn't play fair.
 

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