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Hi all, so my husband is the executor of my MILs estate and he is beginning to gather everything up and find out what all is out there. She had 3 accounts at a credit union-a savings account with my SIL as a co-owner (no money in it came from SIL or was intended solely for her), and a savings and a checking account in MILs name only. My husband had intended to consolidate all 3 accounts but he was told he cannot touch the account his sister's name is on, that it belongs to her now, and that’s fine, she will go down and close the account & give the money to my husband. Now my question is—the credit union allowed my husband to consolidate the personal checking and savings account but he cannot withdraw the money & close the account, they said it’s because unbeknownst to anyone, my MIL had specified all 3 of her children as beneficiaries so all 3 have to go down there together and the bank will cut them each a check. They said they don’t go by what the trust agreement says. Is this legal and correct? He is going to call the attorney on Monday but I was just wondering if anyone knows if the bank is correct? It’s not really a problem that the bank will only cut all 3 a check. It just throws us a curve ball because the money from the estate is supposed to pay for the headstone, MILs person tax return and the trust’s tax return. All expenses were going to be paid before money was dispersed to the kids. So I’m not sure how we are supposed to do that now. We certainly are not going to use our money to pay for these expenses! My husband seems to think the credit union is wrong and should be releasing the 2 accounts to him.


Also is there any way to figure out if anyone cashed in on any life insurance policies in MILs name? Her partner is acting very shady, when the trust was created in March, him & MIL told my husband that there were a couple insurance policies they hadn’t told anyone about. About a month ago, her partner mentioned that all her money would be gone by the time she died and that all the money her kids get would come from the insurance policies. Well.....there don’t appear to be any insurance policies! We found a document for a small employer-provided policy she had when she was still working and it was terminated when she retired but she had the option to convert it, but there is nothing to suggest she actually did that. We will call MetLife on Monday to see if the policy was converted. There are no other insurance documents in her files. Yet he still says there should be a $20k insurance policy. Tonight we had to go over and pick up the deed to the house and her partner said a lot of things that contradicted what he had told me in the past. I’m not sure what he said to my husband a few weeks ago but he asked something about insurance and fires and then tonight he was saying he’s going to try to increase the amount of insurance on the house, I wasn’t paying attention much to what all he said but my husband says his spidey senses are going off and he thinks he’s going to burn the house down for the insurance money!! He also made statements about him and MIL having insurance policies on each other at one time and that she had originally wanted him to get half her retirement if she died first and he’s claiming that very recently she paid him half the value of the car she gave us since he helped pay for it....yet a week before mother’s day he was complaining to me that she wasn’t leaving him anything and didn’t want him touching her money! I knew she should have had more then $12,000 in the bank. I suspect since he handled the finances, he transferred money from her personal accounts to their joint account shortly before or shortly after she passed. She would have never known he did this. He also claimed that they had cashed in every they had 2 years ago and gotten $6k which was used to pay off the house. He was saying all sorts of things about how she wanted him to have everything and that just doesn’t jive. She should have never left things to him over her kids. Her kids always came first. I mean She wouldn’t even give him half the house when she died even though it was half his! (His name was never on the deed though). Instead of selling it when she died and giving him half and the other half going to her kids, she insisted he get a life estate and then the house be sold and the proceeds go to her 3 and his 2 kids. Anyway....I suspect he reached into her personal accounts and may be filing a life insurance claim or 2 but I have no idea how to find out for sure.

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worriedinCali, sounds like a complicated situation. One question I can answer is yes, the credit union is correct in not turning that account over to a trustee, executor, or anyone else except the three people MIL named as beneficiaries, aka "payable on death" or POD. Naming PODs on financial accounts is a common estate planning tool that bypasses probate and is much simpler and easier to update than are wills and trusts. Good luck with everything else in resolving this situation.
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No need to be rude shakingDustoff. You can leave with that attitude, it’s not needed here, got it? Nobody asked you for anything. I never asked you or anyone else to weed through anything and there isn’t anything to be wedded through here, it’s a pretty simple estate. i simply asked about the bank and the POD. So you can get over yourself and your $270 fee. I already stated we have an attorney and an accountant and they will be called tomorrow. This type of forum really isn’t the place for your antics, you don’t need to come in acting like someone asked you for something when they didn’t.  so again kindly avoid my posts. You aren’t welcome on them. 
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One thing I think I would do is notify the 3 credit bureaus of her death and ensure that he doesn't use any credit cards she might have had.

I wonder if you'll ever really know how much he might have pilfered from her accounts. I suspect he was adept at covering his tracks. But since your DH is a detective, you and he might want to have some discussions about what you really can do, can find out, and what to do to stop him from any further financial abuse.

As I recall he could live in the house after she passed? Do you have her possessions out of there yet? I know it's only been a short time though.

It's really challenging when complications like this follow the loss of a loved one. That's difficult enough w/o having to worry about someone's misuse of assets.
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Let me share my wife's experience with her mother's trust, two CD's that was POD to her and her sister as well as a life insurance policy that they were the beneficiaries of plus two gifts designated by the will to each of them.

The executor is in the process of getting the trust together by gathering all of my MIL's assets in various banks plus the profit from the sale of properties. However, there were 2 CD's that named my wife and her sister as POD that did not go into the trust, but went to them. The same was true of the proceeds from the Life Insurance policy which were designated to them. Likewise, an amount stated in the will is not going into the trust either because the will says that their mother wanted each daughter to be given an amount immediately from her assets.

So, POD's, life insurance beneficiaries, a directives for money like my MIL's will stated rightly go where they are designated to go and do not go into the trust. This is standard procedure.

Why is your BIL likely to be a problem?

Does it look like there will not be enough money in the trust to pay her final expenses?
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Thank you shad. It was my understanding that the money is taxable as well. The CU did not say anything about that though. They said they prefer all 3 siblings to come down at the same time, sign something and they will each be cut a check but if they weren’t all able to go at the same time, they could come in individually. They made it sound like only one person has to sign paperwork and it can be any of them. They have all decided to wait on that until after my husband meets with the lawyer. Anyway thank you all for the advice & sharing your experiences!
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I'm also wondering why it would be taxable. I would think it should be calculated as income, but whether or not it's taxable would depend on the individual's income level and AGI. But I don't think it's taxable as an inheritance, unless the individuals are in the higher tax bracket for inheritance taxes.
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Going through this with my mom's estate right now. What is taxable as income ( my understanding) are monies that were in tax deferred accounts and left " to the estate of". Those monies are distributed to the heirs and we pay income tax on them.

If mom had left those account to us as beneficiaries, then the estate would have paid the tax.

To shaking...my hourly fee is on a par with yours. I feel no regret in sharing my expertise.

I always wonder at folks who trumpet to the skies their " Christianity" and then have no impulse to act like Jesus and give away, if not the cloak off their back, then just a bit of advice. You really give Catholics a bad name, my dear. Get some help, would you?
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And I am sorry for my outburst! I was out of line. Emotions got the best of me. I just think if you don’t want to answer a question or be helpful, why announce it? It does nothing but make you look like a jerk in my honest opinion! I am so greatful for all the advice, insight and support I have received. I will pay it forward as much as I can.
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I look on the wrapping up phase as being the aftersales service part of caregiving, Dusty.

Worried, I hope this weblink might be helpful? - www.courts.ca.gov/8865.htm
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Dusry, Worried lost her MIL about a week ago.

Wrapping up an estate IS part of caregiving and is sanctioned by the admins on this site.

I'm sorry your mother has been ill and that you have no help.

Is "flipping over tables" a reference to your Christ-like behavior?

I see.

I just to make sure everyone else understands what you're referring to.
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