Legal Question in Wills and Trusts in Minnesota
beneficiary
My brother is divorced with only a daughter as heir. He named me as beneficiary on all his accounts, but I don't know why he didn't name his only heir. The next day after the funeral his only heir demanded I turn over all the beneficiary money to her. I said no. Now she wants to sue, for the beneficiary money. Need to know who legally own's the money?
2 Answers from Attorneys
Re: beneficiary
If there was a Will or if the accounts were pay ondeath accounts designating a recipient, that is the proper beneficiary. An heir that is a child can seek to attack that disposition by claiming that he/she was exclded in error. That is not the strongest argument however.
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Re: beneficiary
You would be well advised to consult a lawyer. I found your question interesting and just spent some time on the computer looking at some case law. The decisions appear to be all over the place. There are unjust enrichment decisions and undue influence decisions, as well as claims of fraud.
If the child involved was living with the deceased parent at the time of death, and if the child is still under 18, those are factors which could make a difference.
Your question could easily be a law school exam question. The answer may not be that simple.
Good luck.
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