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money should be part of estate

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azsun

Junior Member
What is the name of your state? Arizona
My question is, My Father in-law passed away and there are two trustees my husband, who is the step son and his step sister lives in another state. We have been close to his step dad for 30 years and the real kids have not. my father in-law left a bank account with his name on it and my husbands name on it incase he wasn’t able to right checks or pay bills, that account is now part of the estate. and after everthing is paid off and taken care of it will be devided. But my father in-law also had an account with his name and his sons name on it so that if he needed help his son could write checks to pay bills. His real son came to AZ to find a job but ended up staying and taking care of his dad for 3 months before he died. The son did say that his dad did have a saving account with about $2000.00 in it incase they needed to write a check. His Dad died in December the funeral was Jan 13 and his son withdrew all of the money in the account on Jan 17th. Which turned out to be 10,000.00 We feel they stoled the money. We made sure and they made it very clear that the money in my husband name and his dads name was part of the estate now. Which for us is fine. but they didn’t tell us about the withdraw, we found out when a bank statement came to our house. I would have thought that it would also be part of the estate. I feel that they were wrong in doing this and it was like steeling from the estate before it is settled please let me know what your feelings are on it.
 


BlondiePB

Senior Member
azsun said:
What is the name of your state? Arizona
My question is, My Father in-law passed away and there are two trustees my husband, who is the step son and his step sister lives in another state. We have been close to his step dad for 30 years and the real kids have not. my father in-law left a bank account with his name on it and my husbands name on it incase he wasn’t able to right checks or pay bills, that account is now part of the estate. and after everthing is paid off and taken care of it will be devided. But my father in-law also had an account with his name and his sons name on it so that if he needed help his son could write checks to pay bills. His real son came to AZ to find a job but ended up staying and taking care of his dad for 3 months before he died. The son did say that his dad did have a saving account with about $2000.00 in it incase they needed to write a check. His Dad died in December the funeral was Jan 13 and his son withdrew all of the money in the account on Jan 17th. Which turned out to be 10,000.00 We feel they stoled the money. We made sure and they made it very clear that the money in my husband name and his dads name was part of the estate now. Which for us is fine. but they didn’t tell us about the withdraw, we found out when a bank statement came to our house. I would have thought that it would also be part of the estate. I feel that they were wrong in doing this and it was like steeling from the estate before it is settled please let me know what your feelings are on it.
Co-owned accounts do not go through probate and belong to the surviving owner.
 

Dandy Don

Senior Member
The son was entitled to the money in that account because it was his when the death occurred.

What YOU need to be doing is finding out why the bank issued the money from the account with (supposedly) your husband's name on it to someone else. If it truly had his name as joint account owner or beneficiary, then the bank made a serious error and you need to be asking them to ask the executor to return that money to them so that they can issue it to your husband.
 

BlondiePB

Senior Member
Dandy Don said:
What YOU need to be doing is finding out why the bank issued the money from the account with (supposedly) your husband's name on it to someone else.
That's what the OP and her husband wanted and insisted be done.
 

Dandy Don

Senior Member
Not a very smart move on their part was it? Now do they have the sense to ask the executor to give it back to them?
 

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