Legal Question in Wills and Trusts in Vermont

contesting a beneficiary

My aunt, who lived in VT, passed away on 10/15/08. Her attorney said she did not need a will. My aunt has one sibling, my mom. In 1999, with my mom�s permission, she removed her name from all her assets and put them in joint accounts with me, her only niece. All was smooth until 4 refund checks were issued to �the estate of.� I filled out probate forms from my residence in TX, and am now the administrator of the estate but my mom is the beneficiary by law. This would not be an issue but my mom is in the very advanced stages of Alzheimer�s (she is 93) and has been on Medicaid since 3/01/08. The money of approximately $10,000 would go directly to Medicaid. There is maybe $2,000 which in a stretch would belong to my mom. The remaining monies were paid out of one of the joint accounts in my aunts and my name. I would like to contest this money going to my Mom. I pay a caregiver from my own funds 6 hrs/day to go to the nursing home since I live so far away and have no one to check on her. Do I have a chance in contesting this since a portion of the refund did come from my account?


Asked on 1/03/09, 1:02 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: contesting a beneficiary

I had the same thing happen with my aunt. I had the person who held her Power of Attorney write a letter to "disclaim" the funds and they went to the next in line. In your case, that would be you. It worked here.

Read more
Answered on 1/03/09, 7:25 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Vermont