Location: GA
We were together 19 years, married for 4+ years. He did all the finances, including all bills. He died, suddenly and unexpectedly, without a will. I have already filed a probate case to get the letters of administration to take care of the house. His brother was still POD on his banking accounts from years before we met, so its not part of the estate as it’s a POD/beneficiary. My spouse also has lockbox at the bank couldn’t be a POD. So the lockbox will be part of my probate/letters of administration. While we didn’t talk about the money in the checking or savings, I didn’t expect my BIL to keep all the money (approx 125k), and I need to have a conversation with him about it. While I was not planning on keeping the contents of the lockbox, as its mostly his family jewelry and gold, i feel like whatever of value should remain with me. I feel like my BIL will say the money belongs to him as my spouse didn’t not update the paperwork. To which I would reply that my spouse never added him as a beneficiary. I know we should have done more estate planning, but but really had started some basic planning. But having an aneurysm at 50 was not the cards we saw coming in our life. I have been closer to my in laws/nephews since his passing. But I feel like I risk alienating my nephews (my spouse’s only niblings) from me. Am I in the wrong for thinking it belongs to me? All of this just sucks…
Comments
I’m sorry for your loss.
These are good discussions. You should have your lawyer make them in probate cost.
To some extent you’re wrong, at least as a matter of law. The position of the probate court is often “had he intended that be changed he would have.” But you need a probate lawyer here – especially to the extent there was likely shared money in these accounts.
Sorry for your loss.
Thus is going to be real easy, or real difficult depending on how reasonable your BIL is going to be. You are probably going to need a probate lawyer either way, but he’s going to decide if this is adversarial or not depending on if he feels entitled to the money/assets over his brother’s widow.