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Left out of The Will - Angry
Pittsburgh, PA
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Posted about 1 month ago in Probate
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My brother recently died and I am his only surviving sibling and family member. His will stated that I was to receive everything of his. However, when I went to his banks to collect what I thought was mine, I discovered he had payable on death beneficiaries to his favorite charities (World Vision, Feed the Children, & United Way). I am devestated as I only got his house and 2008 Lexus car. I am being told I am out of luck, as payable on death beneficiaries override wills. Do I have any recourse in getting all of his money?
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Answers (2)
Stephen J. O'Brien
This attorney is licensed in Pennsylvania.
Posted about 1 month ago.
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It seems that your brother had decided how he wanted his estate to be distributed and the law will respect his choices. You are out of luck.
Steve Fromm
This attorney is licensed in Pennsylvania.
Posted about 1 month ago.
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I concur with the answer from Mr. Obrien. It would be very difficult to overturn his beneficiary designations. You have to prove something along the order of fraud, duress, overreaching, lack of testamenary capacity to overturn a will (or beneficiary designations). There is nothing in your facts that would support such arguments. So you may be forced to respect these designations.
Hope this helps. LEGAL DISCLAIMER Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. |
