Q: Is the money inherited from a joint account, or a POD/ITF/TOD account at risk from another beneficiary using probate?
My mother passed away recently. There were 2 children/beneficiaries. The other one is making my life a living hell and causing as much trouble as possible with the house and car - complicating every aspect of the probate process and trying to take everything. The house is exempt because it is a homestead property and the car is also exempt. So there are really just a few checks that are probate assets. But my main concern is whether this other beneficiary could in some way, try to use his attorney, the court or some other aspect of probate to try and claim some or all of that the money I got via the bank accounts (a joint account and several POD accounts). I would put nothing past him. I'd like to at least not have to stress over that money being at risk along with everything else. Is it safe from a probate court's jurisdiction?
A:
Normally those assets would pass to joint account survivor or the names beneficiaries in the POD & TOD accounts or beneficiaries named in a life insurance product.
However, if Carpenter factors are alleged e.g., undue influence or violation of a position of trust or the grantor had dementia or Alzheimer’s disease or Cognitive impairment then the creation of the Joint tenancy or TOD or POA or named beneficiary can be challenged.
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.
