Legal Question in Wills and Trusts in California
Estate attorney did not consider or ask about beneficiary form at bank, now bank
I am the executor of a friends estate who died about 2 years ago. In order to make the process as simple as possible for me, my friend took care of all the details prior to his death. The atty. he hired to do the will neglected to consider the beneficiary cards at the bankand when I took death certificates to have funds released the bank refused saying the cards superceeded the will. Is this correct? Do I have recourse agianst the lawyer? I have no information on the person listed on the cards but I thinkn it was a sister of the deceased and she is also dead, although I have no certificate of death and don't know where she lived. Can you help me?
3 Answers from Attorneys
Re: Estate attorney did not consider or ask about beneficiary form at bank, now
You need to consult with an attorney to determine the liability issues. I agree with you that things may not be proper. Please contact an attorney immediately before any statute of limitations issues arise. I suggest contacting an attorney in the county where this is occuring. Looking at your zip code, I may not be the best choice as I am in Santa Clara County. If I am close enough, please contact me at (408) 268-2580.
Re: Estate attorney did not consider or ask about beneficiary form at bank, now
The attorney may be liable if he/she knew about the beneficiary cards. However, this may be moot if the beneficiary listed on the card predeceased your friend. If so, and there is no contingent beneficiary named, the will does control.
Re: Estate attorney did not consider or ask about beneficiary form at bank, now
As executor, you should have received letters of representation. The estate attorney isn't the problem, you need to have the estate probated with the help of a competent attorney. Please call me directly at (619) 222-3504.
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