Need more info re deceased ex spouse beneficiary from Brokerage Accounts... I am an ex spouse named as sole beneficiary on ...

Asked about 1 year ago - Seattle, WA

another account for my minor children. My ex husband died last year. The trustees (his brother & sister ) want to direct the monies in to the trust of my minor children- who are the named beneficiaries of his estate. They have filed an ex parte motion. Do I need to be present at court? Or can I file a response thru the court. I don't want to see that family. Aren't I still entitled to that money?I had an attorney. I was disappointed that he didn't think I was entitled to the money. I did all the web searches on information pertaining to cases I thought might be similar to mine. (ERISA, EGELHOFF v. EGELHOFF... Etc). I called the brokerage account provided them with all the information of my ex spouse. The brokerage agent confirmed that I was the beneficiary, and said that it will be deposited to my account on August 31. However, the motion is dated for Sept 4th... They have since filed an extension until Sept 13 for me to seek other counsel. Now what? My attorney is no longer representing me. He feels he cannot represent something he feels he will not win... So am I on my own? I don't think I need an attorney, either the brokerage company pays me or they won't. They are under Federal Guidelines to pay who is named as beneficiary--that, per the Brokerage account. Period.

Attorney answers (3)

  1. Michael Leo Potter

    Contributor Level 20

    4

    Lawyers agree

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    Answered . You should have counsel there to represent both you and your minor children. See Avvo.com under Find-A-Lawyer. You're looking for an Estate Planning or Probate Litigation attorney. Good Luck!

  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

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    Answered . This is a duplicate question. I think you have a real problem on your hands. You need a skilled attorney to review your matter, right away. There are a number of possible options, but I see no way of your handling this on your own. If you fail to show up in court, you will almost certainly lose. If you are content to roll the dice and let the judge decide, that is certainly one option. That is not what I would do, if it were me. I would try to find another way that you can get or maintain control of the funds, for your children's sake.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

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    Answered . I concur with Attorney Potter.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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