question

[V1R0T8]

What is the name of your state (only U.S. law)? missouri
My uncle recently passed away he did not have a will but left his brother payee on death on all his bank accounts and even benificary on his life insurance and not to his kids because of their past greed my question is do the have a right to even try to get anything they had his whole house cleaned out and packed it up and basically sold the stuff also

 

[LdiJ]

What is the name of your state (only U.S. law)? missouri
My uncle recently passed away he did not have a will but left his brother payee on death on all his bank accounts and even benificary on his life insurance and not to his kids because of their past greed my question is do the have a right to even try to get anything they had his whole house cleaned out and packed it up and basically sold the stuff also

If your uncle was the beneficiary of his bank accounts and the beneficiary of his life insurance his children would have no hope of getting anything from either of those items. Why?, because those items passed outside of his estate, directly to your uncle.

However, as far as things that did not pass outside of his estate, (like the contents of his home, his car, and perhaps the home if he owned it and had any equity) they would have an intestate claim against those items. If he was not married then in the end all of that would go to his children.

 

[V1R0T8]

If your uncle was the beneficiary of his bank accounts and the beneficiary of his life insurance his children would have no hope of getting anything from either of those items. Why?, because those items passed outside of his estate, directly to your uncle.

However, as far as things that did not pass outside of his estate, (like the contents of his home, his car, and perhaps the home if he owned it and had any equity) they would have an intestate claim against those items. If he was not married then in the end all of that would go to his children.

That's what i thought they got all the content's of the house and all the cars, now they are saying my parents forged his signiture on the power of attorney which was not because a lawyer was there to do it with witnesses my folks did not even know he had a life insurnace policy til a week before he passed naming my dad the benificary, my parents we even going to give them some money what ever was left after paying bills

 

[anteater]

That's what i thought they got all the content's of the house and all the cars, now they are saying my parents forged his signiture on the power of attorney which was not because a lawyer was there to do it with witnesses my folks did not even know he had a life insurnace policy til a week before he passed naming my dad the benificary, my parents we even going to give them some money what ever was left after paying bills

Sorry, but this is disjointed.

What does disputing the Power of Attorney have to do with the disbursement of the assets?

Are his kids disputing the life insurance beneficiary designation? (Not just talking trash, but actually attempting to do something about it.)

 

[V1R0T8]

Sorry, but this is disjointed.

What does disputing the Power of Attorney have to do with the disbursement of the assets?

Are his kids disputing the life insurance beneficiary designation? (Not just talking trash, but actually attempting to do something about it.)

They are saying my father forged his name on it and took theirs off we did not even know there was a life insurance policy til a week before he passed and he took out policy over a year ago....hell my father can barely take care of himself like i said they got all of the things in their dads house the money was left to his brother...

 

[anteater]

When you refer to "his brother," are you referring to your father?

They are saying...

Talk is cheap and means nothing.

If he hasn't already, your father (or the uncle's brother, if you mean someone other than your father) should just go ahead and file the claim for the life insurance proceeds.

 

[V1R0T8]

When you refer to "his brother," are you referring to your father?


Talk is cheap and means nothing.

If he hasn't already, your father (or the uncle's brother, if you mean someone other than your father) should just go ahead and file the claim for the life insurance proceeds.

Yeah sorry about that is it my father they arent happy they are threatning to sue but the both live in other states but alot of it i think is they are still greiving their dads loss but we will have to wait and see

 

[justalayman]

If your father was recently named beneficiary, especially if your father was his brothers agent of a POA and utilized that power to alter the beneficiary, you might have a problem on your hands.

as to the cars and and other assets: those rightfully went to the decedents children if there was not a spouse involved.

 

[V1R0T8]

If your father was recently named beneficiary, especially if your father was his brothers agent of a POA and utilized that power to alter the beneficiary, you might have a problem on your hands.

as to the cars and and other assets: those rightfully went to the decedents children if there was not a spouse involved.

Hr didn't even know he was POD Payee on death til recently and the life insurance policy he had bought a couple of years ago he put my dad and mom as benificary there was only one account that didn't have a POD til 3 weeks before his death had to get a power of attorney to get a POD on account my and they are gving that to his kids after funeral is paid for there was no altering at all he just left the cash to his brother he kids never came around to see him just called him to bail them out all the time...but the kids got everything else

 

[justalayman]

Hr didn't even know he was POD Payee on death til recently and the life insurance policy he had bought a couple of years ago he put my dad and mom as benificary there was only one account that didn't have a POD til 3 weeks before his death had to get a power of attorney to get a POD on account my and they are gving that to his kids after funeral is paid for there was no altering at all he just left the cash to his brother he kids never came around to see him just called him to bail them out all the time...but the kids got everything else

why has your father placed himself in charge of the funeral and such? You previously said:

.hell my father can barely take care of himself

as to the getting the POA to alter the account to be a POD: definitely a source for concern. Why was it done at all?

 

[V1R0T8]

why has your father placed himself in charge of the funeral and such? You previously said:





as to the getting the POA to alter the account to be a POD: definitely a source for concern. Why was it done at all?

The kids were out of state and his brother(my uncle) did not want them contacted because if the got ahold of his bank account it would be drained by his kids..my mom was actually POA and the one bank that didn't have a POD on it suggested my dad get put on it...that was to pay final bills and there is money left my parents have been handling his affairs at his request...when he was in his final days is when he said contact them (the kids)which we had to send them money for gas and rental car to make it here one of the accounts he has been on the last several years and one was put on back in august which he did not even know(POD) and the other one before he passed but if there wasnt a name(POD) it would just got the state i believe I'm sorry if i seem confusing on this im just trying to get advice and soome feedback....sorry for the confusion

 

[anteater]

What is it that you want advice on exactly?

but if there wasnt a name(POD) it would just got the state i believe

No, it would not.

...and the one bank that didn't have a POD on it suggested my dad get put on it...

Bank employees can be idiots. Telling an agent under a POA to establish a beneficiary designation in favor of the agent's spouse... Sheesh.

Anyway, that one is shaky if the kids want to push it. But, from what you say, they don't have the nickels to rub together to retain an attorney. Tell your parents to ignore them.

 

[justalayman]

V1R0T8;3115570]The kids were out of state and his brother(my uncle) did not want them contacted because if the got ahold of his bank account it would be drained by his kids.

so what? Once the man died, it would have become the children's money, after estate debts were paid. It surely sounds like you conspired to prevent the children from their rightful claim. The more you talk, the more it sounds like the kids have a valid complaint.

.my mom was actually POA and the one bank that didn't have a POD on it suggested my dad get put on it.

so, was the decedent even competent at this time? If not, what transpired is a really big problem.

..that was to pay final bills and there is money left my parents have been handling his affairs at his request...

and if your parents left it alone, that is exactly where it would have gone. Due to your parent's actions, there was actually no requirement to pay the decedents debts with that money.

when he was in his final days is when he said contact them (the kids)which we had to send them money for gas and rental car to make it here one of the accounts he has been on the last several years and one was put on back in august which he did not even know(POD) and the other one before he passed but if there wasnt a name(POD) it would just got the state i believe I'm sorry if i seem confusing on this im just trying to get advice and soome feedback....sorry for the confusion

no, the money would not go to the state, unless the decedent owed money to the state. It would have been put into the decedents estate and used to pay estate bills, if any, and then distributed to the decedent's children if any remained.