should we fight?

[mourning dove]

What is the name of your state? california
my uncle passed away leaving a will and a trust. the trust was to be divided between 7 beneficiaries (myself included). his son was to get the IRA account. there was mention in the W&T that specifically omits him from ANY of the trust assets.He is laying claim to a Mutual Fund Acc. that may or may not have come from the original IRA. We already know he is not entitled to it,but he is threatening to take this to probate if the executors dont give him "his" money.He is saying that a para legal was working with his dad to "change" some things around.nothing was drawn up, and nothing was signed.what are his chances of winning something like this? Should we give up and try to talk the executors into giving him the money? CAN they give it to him if we all agree?Or should we stick it out knowing he doesnt have a leg to stand on?HELP!!

 

[BelizeBreeze]

No one here can tell you either way what to do without a thorough review of all documents, which YOUR probate attorney should be doing.

 

[Dandy Don]

Someone will need to check with the company holding the IRA account to determine if the decedent specifically designated someone to be beneficiary of this money. If he did, then the money passes outside of probate and is paid directly to the beneficiary. If he didn't, then the money belongs in the estate.

To further confuse the issue, you say the son "was to get the IRA account" but you don't mention if that is in the will or trust or not.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

What is the name of your state? california
my uncle passed away leaving a will and a trust. the trust was to be divided between 7 beneficiaries (myself included). his son was to get the IRA account. there was mention in the W&T that specifically omits him from ANY of the trust assets.He is laying claim to a Mutual Fund Acc. that may or may not have come from the original IRA. We already know he is not entitled to it,but he is threatening to take this to probate if the executors dont give him "his" money.He is saying that a para legal was working with his dad to "change" some things around.nothing was drawn up, and nothing was signed.what are his chances of winning something like this? Should we give up and try to talk the executors into giving him the money? CAN they give it to him if we all agree?Or should we stick it out knowing he doesnt have a leg to stand on?HELP!!

I agree with BB...there's nothing we can really do without looking at all the docs.

He is saying that a para legal was working with his dad to "change" some things around.nothing was drawn up, and nothing was signed.

If this is true, then tell him to bite rocks. If it's not in writing, it did not happen. If it is in writing, then tell him to produce it!

 

[mourning dove]

Someone will need to check with the company holding the IRA account to determine if the decedent specifically designated someone to be beneficiary of this money. If he did, then the money passes outside of probate and is paid directly to the beneficiary. If he didn't, then the money belongs in the estate.

To further confuse the issue, you say the son "was to get the IRA account" but you don't mention if that is in the will or trust or not.

DANDY DON IN OKLAHOMA ([email protected])

yes, the son was in the will .it states that the son was to get the IRA Account if it is still in existence at the time of his death. the son is somewhat irritated that there isnt as much in there as he had been led to believe by his dad. he says the dad said there was about $250.000-$280.000.this was a year or so ago. his dad took money from the IRA for tax purposes and for living expenses, and put it into a mutual fund that was started with a check NOT from the IRA ,at the same institution as the IRA. he purchased a car,a truck, a couple trips etc.etc.the son feels that the mutual fund is his, as is the car his dad purchased with some of the money.He has already gotten his IRA ($208.000)and has been living in his dads house for almost 4 months (since the funeral).there was no arrangement between his dad and him to live there .the dad died very suddenly and the son came from oklahoma for the funeral....and wont budge. the will and trust have a deliberate omission in them that says.. the son is to take NOTHING from this estate except the IRA. He has been warned to cease and desist from the executors attorney or he stands to lose the IRA. He is furious and has called to threatened some of the beneficiaries(myself included) that we had better make the executors give him the mutual account,or he will take it to probate!!he has given us a time frame to comply(4 pm. friday!!) and then he says he will try to go after it ALL on monday a.m. Bottom line... the house cant be sold ,he wont vacate, and the whole thing may end up in probate.we have a lawyer who is trying to get him to stop... but who knows? The mutual fund has about 50,000 left in it

 

[seniorjudge]

yes, the son was in the will .it states that the son was to get the IRA Account if it is still in existence at the time of his death. the son is somewhat irritated that there isnt as much in there as he had been led to believe by his dad. he says the dad said there was about $250.000-$280.000.this was a year or so ago. his dad took money from the IRA for tax purposes and for living expenses, and put it into a mutual fund that was started with a check NOT from the IRA ,at the same institution as the IRA. he purchased a car,a truck, a couple trips etc.etc.the son feels that the mutual fund is his, as is the car his dad purchased with some of the money.He has already gotten his IRA ($208.000)and has been living in his dads house for almost 4 months (since the funeral).there was no arrangement between his dad and him to live there .the dad died very suddenly and the son came from oklahoma for the funeral....and wont budge. the will and trust have a deliberate omission in them that says.. the son is to take NOTHING from this estate except the IRA. He has been warned to cease and desist from the executors attorney or he stands to lose the IRA. He is furious and has called to threatened some of the beneficiaries(myself included) that we had better make the executors give him the mutual account,or he will take it to probate!!he has given us a time frame to comply(4 pm. friday!!) and then he says he will try to go after it ALL on monday a.m. Bottom line... the house cant be sold ,he wont vacate, and the whole thing may end up in probate.we have a lawyer who is trying to get him to stop... but who knows? The mutual fund has about 50,000 left in it

he will take it to probate!!

I think that's exactly what needs to be done; the probate court needs to decide all this.

 

[mourning dove]

he will take it to probate!!

I think that's exactly what needs to be done; the probate court needs to decide all this.

If this goes to Probate what exactly is involved for us as beneficiaries? Are we wrong in thinking that it would be a long drawn out affair (and costly??) We were thinking that we should avoid it at all costs. And the fact that he was "threatening" us with it....one would assume he thinks it is something to be avoided too.We are afraid to hold out ...and afraid to give in...If he files "probate ' what happens then??? (yes , we have a lawyer....a 1000 miles away) it is easier to ask and do research here than 5 million calls to california from all of us up here in oregon. thank you everyone for all the advice.it really helps to hear different veiws and ideas.

 

[seniorjudge]

What is the name of your state? california
my uncle passed away leaving a will and a trust. the trust was to be divided between 7 beneficiaries (myself included). his son was to get the IRA account. there was mention in the W&T that specifically omits him from ANY of the trust assets.He is laying claim to a Mutual Fund Acc. that may or may not have come from the original IRA. We already know he is not entitled to it,but he is threatening to take this to probate if the executors dont give him "his" money.He is saying that a para legal was working with his dad to "change" some things around.nothing was drawn up, and nothing was signed.what are his chances of winning something like this? Should we give up and try to talk the executors into giving him the money? CAN they give it to him if we all agree?Or should we stick it out knowing he doesnt have a leg to stand on?HELP!!

The only way to make the terms of a will effective are to take it to probate.

There are two ways to get into probate: a will or no will.

Either way, if a person dies with assets and/or debts, there must be a probate to effectively pass title to the property (mixed, personal, or real) that has not been disposed of in other ways, i.e., by joint tenancy, trust, etc.