- April 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
My mother was terminally ill and had shared with my uncle that he, my brother, and I were to go to the bank with a death certificate to withdraw and split her money. However, there are no written notes confirming this arrangement, she did not leave a will (which seems incredibly unusual). Recently, a letter was delivered to my parents’ home stating that her account had been closed. It appears that there are no separate accounts accessible to my brother or me.
## Current Dispute
My uncle is asserting that he was the sole beneficiary listed and therefore the funds belong solely to him according to my mother’s instructions. I am uncertain if any legal action can be taken against him to divide the funds, as it seems he may not be legally obligated to share.
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## Recommendations
It is advisable to consult with a legal professional specializing in estate and inheritance matters to fully understand your rights and options in this scenario. Documenting any communications or agreements with your uncle regarding the inheritance can also be beneficial. Taking proactive steps to safeguard your assets and ensure clear communication among family members can help prevent misunderstandings and disputes in the future.
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****** just grabbed a
If he was the beneficiary then it’s his money.
Unfortunately it’s his money but sucks that he told you the money was to be split and then refusing.
Let’s just hope he doesn’t need a kidney donor in the future.
Anyone reading this thread : MAKE A WILL. NOW!
I don’t care if you only have $100 to your name. Make a will.
The amount of disgusting people that crawl out of the woodwork when someone dies is staggering.
Fuck you Eden and Sarah.
NAL
Unfortunately, you are learning a hard lesson. Some people are selfish.
Accounts like this with designated beneficiaries bypass probate. That’s an advantage if you have them set up correctly, but it is clearly a disadvantage here for you. Your mother may have intended for your uncle to split the money, but he does not have to legally. If he was listed as the sole beneficiary, it is legally his money. It’s obviously too late, but your mom should have designated everyone she wanted to receive the money. For example, she could have had you, your brother, and your uncle as beneficiaries and set the proportion to go to each. It sounds like she didn’t know this was an option.
Your mom wasn’t married was she? If she was married, her spouse may be able to contest the beneficiary designation. But that depends on the state and may not make sense if there wasn’t a lot of money.
Depends on where you live, and what type of account this was. Not enough facts.
If the account was a joint account under your mother and uncles names, the money now belongs to your uncle.
If the account was under your mother’s name only but POD (pay on death) and your uncle was the sole beneficiary, the money is his.
As the account is now closed it appears to have been in one of these two scenarios since that is the only way he would have been able to close the account.
nothing brings out the worst in people like money do.. 😥 unfortunately there’s nothing you can do. your mother was gullible and naive and your uncle took full advantage of that. your only lesson from this is to always be legally prepared, make a will, name a beneficiary and take care of your finances properly.
i just hope your uncle will lose all that money and become homeless. he’s scum and deserves the worst. he betrayed not only you and your brother, but your mother as well, his own sister who trusted him.
The validity of Oral Wills (Nuncupative Wills) varies by state. Your best bet would be to gather any witnesses to her statement and any communication regarding the money and take it to an attorney.
Look for text message communications regarding going to the bank together. Or discussions of what the money was going to be used for. Things like that. Voicemails, call records, emails, etc. Have your other Uncle check as well.
It’s a long shot but might be worth a try. Good luck.
Technically if there is nothing showing he is the beneficiary then her kids will be next to kin to get everything. Him being a beneficiary should be on paperwork
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