Q: My brother and I were left an account from my mother who passed with Merrill lynch, my brother is not filling out the
paperwork for the trustee certification for Merrill lynch account so I can transfer my portion into my name. what is my recourse? If he continues to drag his feet, this will go onto 2020 and we will have to file taxes another year for this..
A: Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule Merrill is difficult to deal with so you may be stuck waiting on your brother. If there is a Merrill office you both can visit together to fill out paperwork maybe this will expedite things, or even visit with your brother to do the necessary paperwork. If the delay resulting in an additional tax return means taxes will need to be paid and that will diminish your portion, maybe you can use that as a negotiating tool to convince your brother to do paperwork, rather than be responsible for additional taxes out of his share. If all else fails you can consult with a probate attorney who may have more clout depending on the nature of the investment Merrill is holding.
Bruce Alexander Minnick agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
