What to do if my grandfather died and as the beneficiary on his bank account the executor now wants me to give them the funds from the account?

My aunt is the executor; the Will was never read.

Asked on August 28, 2014 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  There is no formal requirement to read the Will to those that would inherit.  You need only receive a copy.  I am assuming that your Grandfather executed a TOD beneficiary form for your benefit.  THese assets generally pass "outside the estate" meaning they are not part of the estate. But the estate has to be looked at as a whole and one needs to know why your Aunt is asking for the money.  Is it because the estate has debt she can not pay with out it? She may then be able to the court to place it in the estate.  Is it because it contradicts an estate plan already in place?  One needs to know.  It is a good idea to ask and then to seek consultation from a a lawyer in your area.  Good luck.


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