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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-31-2010, 10:11 AM
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My brother is going to be served by his ex wife sometime this week. The issue is when my father died everything went to my mother. We were worried that if something was to happen to my mom we would have to pay probate tax, so we added my brothers name to all the accounts. My question is will she be intitled to this money. As you can imagine my mother is very worried. They worked hard all thier lives to put away that nest

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Old 09-01-2010, 04:02 PM
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from what i understand, what ever is inherited through an estate, is not up for division.... so since even if half of it WAS your brothers, she'd have no right to it....
....but you might want to look into that further as i'm no lawyer and only repeating what i myself have read
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Old 09-01-2010, 04:39 PM
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It's not considered an inheritance if the person is still alive.

I would htink if the brother was on the account as a secondary or power of attorney type of situation there would be no issue at all, best to find out from a lawyer though.
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Old 09-01-2010, 07:34 PM
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I had an experience with this, my ex had a joint account with her father. She should have included the amounts as part of her assets, and then put half the amounts as liability to her father. This would have made it 50/50 between them, which my lawyer said was how joint accounts should have been handled. She just left the line blank, I didn't bother challenging it, I wasn't interested in her assets and we settled out of court. If we'd gone to court I would have sought full financial disclosure just to be a bitch.

Since the joint account was created to avoid probate, it's pretty hard to argue that it is an inheritance without admitting fraud. You have to decide which side you want to land on.
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