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Asked 10/20/2008

Mom's name not listed as beneficiary - but - HIS kids names are listed as beneficiaries

If my mom's name was not listed as a beneficiary - but HIS kids were listed as beneificaries - is there anything we can do? He (step-father) used their joint account and HIS own PRIVATE account to buy and sell investments without her knowledge. When she would ask him questions, he would only tell her very little and he even charged some funds using their credit cards.

What laws (Federal, State ---- Texas) cover this type of "theft by desceit on both step-father's and the broker. Her name was listed on EVERY SINGLE account up to the very last one that he opened (he went from Dean Witter to InterSecurities Inc to Western Reserve Life within a six week period) changing accounts.

What do we do? What are our chances of getting the IRA and the Non-Qualified Annuity he put in HIS kid's names?

What steps do we need to take?

 
 
 
 
Answers

Answer 1/1 - Submitted 4/3/2009

If his decision as to the dispensation of his assets to his children only was in his will you can only sue the estate. You need to locate a probate attorney first consultation may be free, and s/he would work on contingency. First the attorney would need to establish that there is case to be won. An official recorded will is usually binding, but if some type of deceit was involved there have been cases where wills have been 'overturned'.

 
 
 
 
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