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

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.

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Attorney answers 3


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


I concur with Attorney Potter.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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