[WSBAPT] Community Challenge to distribution of non-probate assets re significant CDs

Anne Marie Liebhaber amliebhaber at gmail.com
Thu May 7 09:43:58 PDT 2015


Client is daughter/ beneficiary on five significant CD accounts inherited
from her 90 yr old dad who just died. Decedent married second wife 28 years
ago but wife is in nursing facility for dementia. Second wife's son wants
CDs to go to his mother, claiming CDs are community property despite
daughter's beneficiary status and decedent's clear directive in will wherein
daughter is PR. No other assets, ALL sold prior to descendent and wife going
into nursing facility. Decedent named dementia wife as beneficiary on
defined benefit pension of 3K per month.  
 
Client wants to immediately transfer CDs as non-probate asset into her name
but fears community property challenge and repercussions. Any guidance
appreciated. I am new to this great list. Thanks.  
 
Anne Marie Liebhaber
Attorney at Law 
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