If a friend recently passed away and left me as beneficiary on his bank accounts, can his son take me to probate court?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a friend recently passed away and left me as beneficiary on his bank accounts, can his son take me to probate court?

He did not have an official Will. His son stated that the only thing he found was a piece of paper that stated I was to be in charge of his estate; it was not signed. His son told me only he had seen this piece of paper so he was going to take over everything. My friend did not own a home and still owed money on his car. No bills that I am aware of other than cremation cost; the VA covered hospital bill. He was not close to his son and the son did not want me to have or do anything with the estate until he found out I was on the bank accounts ($3,400).

Asked on May 30, 2012 under Estate Planning, Texas

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  I am assuming that you are the POD beneficiary, correct?  Unless his son can prove that you unduly influenced the Father in som eway as to "cheat" him out of his inheritance you should be fine.  Can his son take you to court?  He could try.  It is his right as a beneficiary.  But it would probably cost him more in legal fees that what is in the account.  If you are a joint account holder it is better.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption