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

[Katharine P. Bauer]

Take the funds but don't spend them. Control is good fit your client.
Investigate what is community or separate, reach agreement as to who gets
what; put mom's share in 3rd party snt if possible... Recognize, though,
she may be entitled to own some of it outright and may need gal to protect
her interests.  Is son POA for her?  Remember, Dad can give his half of CP
or all SP where he wants...
On May 7, 2015 9:48 AM, "Anne Marie Liebhaber" <amliebhaber at gmail.com>
wrote:

>  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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