Q: Can a beneficiary request that their inheritance be transferred to an account which is not in their name?
The account was opened by their girlfriend.
A: Maybe, not preferred and probably not likely. You would need to minimally provide some sort of a notarized document stating clearly in writing with your signature and witnesses notarized that this is what you want the estate representative to do, even then, it is likely that they will not be willing to do it due to potential fraud and other issues unless they happen to know you and all parties involved, I therefore have my doubts. I for one as the advising attorney to the estate would advise a solid No on this request and option. A check would be sent, or monies put into the court registry. If you do not have a bank account, I would work on making sure that you find a way to open one. If that money goes into a third-party account, it can be gone and hard to retrieve forever.
Carol Larmond Grant and Nina Whitehurst agree with this answer
A: As the attorney for the personal representative I would also not recommend this action. I know sometimes people are trying to hide money from creditors or the IRS so they avoid getting funds in their names. This of course smells like fraud.
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.
