Legal Question in Wills and Trusts in Maryland

Intestate Mom and beneficiary accounts

Mom died intestate (CA)after a recurrence of cancer. She discussed what she wanted with an attorney (ten days before she died) and with three of her five children, all residing in CA. Her oldest child, Sis, lives out of state, and Mom gave her the power of attorney, made her beneficiary on the bank accounts & life insurance policy. Sis collected the proceeds, paid most bills, & gave some to the other children and grandchildren. Brother insists that Mom intended that all assets be divided equally & threatens litigation against Sis,"..she holds the remaining funds (about $80K)in effect as a trustee of a constructive trust." The probate is ready to be settled except for this matter, and the other siblings refuse to join brother in the threatened litigation. Another sibling is the administrator, and would like to buy Mom's house. Can the brother hold the family hostage? Can Sis be forced to give her beneficiary funds to the estate? Does she have any rights?


Asked on 6/15/99, 8:50 pm

1 Answer from Attorneys
MYRON LEWIS MYRON LEWIS

Re: Intestate Mom and beneficiary accounts

1. Why did you post this for a Maryland attorney to respond? Pls. repost for a Calif. attorney, as the decedent lived in Cal., and her assets are there, too. I wish you all the best in your search. You can contact the Cal. Register of wills for details.

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Answered on 6/29/99, 1:45 pm


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