Legal Question in Wills and Trusts in New York

Step-mothers Will

My father passed away about 1 year ago. His wife, my step-mother, passed away 10 monthes later. They had the will to be split up as 1/2 of everything to her son & the other 1/2 split between my fathers 5 kids. After he died, she changed all her checking, savings & 401K accounts to include her son only as joint account holder. Do me & my siblings have any right to these accounts? We are told they are now not part of the estate & all the money goes to her son only. Is this correct and how is it legal to do this in such a short period of time?


Asked on 5/31/09, 3:02 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Step-mothers Will

It would depend on the language in those specified accounts. If the accounts deeming the beneficiary only the step-mother, then accounts would not be part of the estate. If the accounts only had language of father and not of step-mother or not of beneficiary, the accounts would be distributed under Father's estate.

Mike.

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Answered on 6/01/09, 8:36 am


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