Can his surviving widow go after the funds?...... the widow filed an elder abuse claim with the DA within 2 days after the death claiming elder abuse by the benificiary even tho the deceased was in an ok state of mind and knew exactly what he was doing.... DETAILS: He (deceased) did not have a trust or will and probably knew that if anythign happened all of his money would go to his wife. so he transfered the money into a 6 month CD on his own free will with his child as the beneficiary... To top it off the widow left a sucidal person with access to the handgun he killed himself with.
So to sum it up :
1. The deceased's money is sitting in a CD with just his name and his childs a beneficiary.
2. The widow of the deceased filed elder abuse claims 2 days after he died because she checkd the account the day after he died and the money had been moved to a CD. she claimed that the beneficiary "STOLE" the money.
What should a person do?
2007-01-23 11:16:28 · 7 answers · asked by Smokey_Nerd 1 in Politics & Government ➔ Law & Ethics
Also , because she left him access to a gun when she caught himself trying to kill himself a few days earlier, could she be sued for wrongful death........ and if she intentionally left the gun there for him to get could she be chaged with manslaughter or murder.
2007-01-23 11:26:53 · update #1
everybody in this story are older adults... including the beneficiary who is Alive .
2007-01-23 11:30:09 · update #2
You need a good lawyer and fast. This sounds very messy indeed! If you do nothing and expect that those funds will be available to you when the CD matures, you may be in for a surprise when you discover that the widow has cashed them in prematurely (paid the early withdraw penalty) and is in control of the money or has already spent it.Then your going to need an attorney to try and recover it.
2007-01-23 12:14:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There will be an executor appointed to the estate of the deceased. If the child is a minor, it could well be the wife appointed to look after the affairs of the child, which I'm sure the deceased knew when he named the child as beneficiary. If he has wanted to insure the child would get that money, he would have named the child as co-owner.
As to what YOU should do, I'd suggest you stay out of it and let it work itself out.
2007-01-23 11:25:44 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
You can not bring charges against a dead person, as they cannot defend themselves. Even Enron's old boss had his conviction thrown out because he did not survive for the appeal. However, with no will the money will go to his estate, the state will take its share, then divide the rest among surviving family members, and that will include the wife he was trying to cut out completely.
2007-01-23 11:25:03 · answer #3 · answered by psycmikev 6 · 0⤊ 0⤋
If he was suicidal, he was not "of sound mind and body". That would mean that any actions he took are compromised and subject to review in a court of law.
Get a good lawyer, and don't listen to people or Yahoo answers who tell you it *should* go one way or another. It's up to the legal system to decide.
2007-01-23 11:28:08 · answer #4 · answered by thebobcatreturns 3 · 1⤊ 0⤋
Hmmmmm...If he committed suicide, she can claim he was out of his mind. Therefore, after everyone pays their lawyer, what's left over will go to the WIFE!
2007-01-23 11:23:47 · answer #5 · answered by buster 2 · 1⤊ 0⤋
yea that guy is right, if you are willing to pay a good lawyer to get you to say he was "out of his mind" when he made his son the beneficiery, but thats really tough to do... i would say, it goes to the son, to bad, so sad...
2007-01-23 11:27:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
get some REAL advice
2007-01-23 11:25:22 · answer #7 · answered by welllaners 5 · 0⤊ 0⤋