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

[Anne Marie Liebhaber]

Thanks for prompt reply. What do you mean by "snt"?
 
What are your thoughts about son challenging CDs' character outside of
probate process, as no probate really is necessary to transfer CDs b/c
non-probate assets. Client does not know status of dementia wife/ son
relationship re POA or GAL at this point.  

  _____  

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Thursday, May 07, 2015 10:05 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Community Challenge to distribution of non-probate
assets re significant CDs



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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