Investments were to be left to my sister and I; she is listed on documents. She has given our Father's wife those investments. Do I have any legal rights?
Question Details:
My deceased father's wishes were videotaped 2 yrs. ago. Dad stated his investments were to go to my sister and I. His wife was to receive $90 cash or receive the interest of his investments. My father passed away this past July and that videotape cannot be found. The 1962 Thunderbird, Ford Van and Ford truck titles were forged and put into his wife's name. His wife has received monies from the checking accounts,, money that Dad kept in the house ($6000 approx.) and now 1/2 of all of his investments. I love my sister but this was not his wish. His grandchildren received zero!
Hello. I am a Maryland barred attorney. At the outset, any property owned by the person at their must be "probated" - an estate needs to be opened up and the property distributed either in accordance with a will, or if that person had no will, then by the laws of intestate succession. As a daughter, you should be an interested person who must get notice of what goes on with the estate.
Keep in mind also that in Maryland a spouse has a statutory right to a "spousal share" so even if a will tried to cut out a spouse (or leave a nominal amount), that provision may be challenged. As far as investments being disbursed, a bank should only disburse funds to someone on the title or with proper Letters of Administration. If a personal represenative does not dole out property like the will or intestate laws say, that can be challenged. However, property held in someone else's name (it is not clear how the assets you mention were titled) doesn't go by what a will says since it is not in the deceased person's estate. Rather it is outside of probate and automatically gets transfered by the title.
You may want to consult with an attorney. Note that this post is not legal advice and the specific details of your situation may affect how the law applies to you.
