Legal Question in Wills and Trusts in Texas
My aunt recently passed away and there are 6 heirs in her will, including me. The will states that all of her assets are to be divided equally between the 6 heirs. Her checking account had the beneficiary named as my cousin. This was done many years ago before the will was drawn up. My cousin has taken the $12,000.00 that was in the checking account and put it in her own checking account and is not splitting it with the rest of the heirs. Since the will was drawn up after my cousin was named the beneficiary on the account, it is legal for my cousin to take this money without sharing it with the 5 other heirs?
1 Answer from Attorneys
If the checking account had his name on it either as a JTWROS or POD , then the money is his no matter when the will was signed. There is a small possibility that he was only named on it as a convenience. Highly unlikely since most banks don't even know how to do that. Try checking with a local probate/estate planning lawyer. Most offer a free initial consult.
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