Am I entitled to half of the stocks and bonds that are in my deceased father’s financial account?
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Am I entitled to half of the stocks and bonds that are in my deceased father’s financial account?
My father has died leaving my late mother has the executor of his estate. That leaves my sister and I to split everything 50/50, however I am not sure she is doing this right. He had a financial account with stocks and bonds that she claims he left to her and her only, meaning that only her name was listed as the beneficiary. There is nothing specifically stated in the Will saying this. She is not telling me anything about his pension, military and social security benefits that I know he received monthly. Probably a few other things that I know nothing about. She is not going to split the stocks and bonds account with me so do I have right to protest? I don’t want to cause needless trouble between us so this is why I am asking for advice before I would actually get a lawyer in my area.
Asked on January 21, 2017 under Estate Planning, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that not all assets of a deceased person pass through their estate. Things such as IRA's, 40lk's, life insurance proceeds and even certain stocks and bonds so long as they name a beneficiary. Accordingly, the Will does not control the disrtibution of such assets. Bottom line, if your sister is in fact listed as the beneficiary, the stocks/bonds are hers.
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