pourover will - joint tenancy-savings bonds

[cmscott]

What is the name of your state? WA

My father's pourover from the trust is in California probate.

1) My mother died 4 years prior and under the trust when she died I was executor. Two weeks after her death my father changed the trust to exclude me. In the pourover will there are bank accounts that are still in joint tenancy in both their names as well as insurance and mutual funds. As my mothers only heir am I entitled to a portion of her half or does all of this go to my fathers trust. None of this property was specifically included in this trust.

2) In the safe there were several fully matured savings bonds with both my mother and my name on them. ie: "pay to the order of mother or me" the same thing with both my fathers and my name on them. Do these go to the estate or since my name is on them do I have a rightful claim?

 

[seniorjudge]

What is the name of your state? WA

My father's pourover from the trust is in California probate.

1) My mother died 4 years prior and under the trust when she died I was executor. Two weeks after her death my father changed the trust to exclude me. In the pourover will there are bank accounts that are still in joint tenancy in both their names as well as insurance and mutual funds. As my mothers only heir am I entitled to a portion of her half or does all of this go to my fathers trust. None of this property was specifically included in this trust.

2) In the safe there were several fully matured savings bonds with both my mother and my name on them. ie: "pay to the order of mother or me" the same thing with both my fathers and my name on them. Do these go to the estate or since my name is on them do I have a rightful claim?

Keep your questions in your original thread.

https://forum.freeadvice.com/search.php?searchid=870621

 

[Dandy Don]

You or your attorney needs to try to check into the possible status of each of the accounts you mentioned--bank accounts, insurance and mutual funds to try to find out if any one was specifically named as beneficiary (actually YOU should have been doing that as executor). If there were specific beneficiaries named for any of these, then that money should have been paid directly to the beneficiaries and should NOT have gone into the trust. If the money has subsequently been put into the trust, you have legal grounds to get it taken out, since these accounts should not have been put into the pourover will but due to your oversight, your father took advantage of the situation to get it.

As far as the savings bonds go, they are yours and became so immediately upon your mother's death (just the ones with you and your mother's names on them) and you can contact any local bank that sells savings bonds and they can tell you the procedure and claim form to file to get them. You can not claim the ones with you and your father's names on them because he is still alive.

DANDY DON IN OKLAHOMA ([email protected])

 

[cmscott]

Don--Could you please readdress this my father is deceased

Dear Don:

Thanks