My mother recently died in TX with no will. She had assets and real property (horid property, but real non the less) My brother has had to quit his job to go and take care of things. She left a substantial CD with a POD beneficiary the problem is that it's not myself or my brother. Is there any way to stop someone from taking this money before probate?

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Originally Posted by crazywolf4

My mother recently died in TX with no will. She had assets and real property (horid property, but real non the less) My brother has had to quit his job to go and take care of things. She left a substancial CD with a POD beneficary the problem is that it's not myself or my brother. Is there any way to stop someone from taking this money before probate?

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The CD passes outside of probate because it had a POD beneficiary. And no, there is no way to stop the beneficiary from taking the CD.

This is the family law board and you asked a probate question. Wrong area of law, sorry.

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Originally Posted by cadillac59

This is the family law board and you asked a probate question. Wrong area of law, sorry.

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I was thinking that too, but unfortunately there is no probate board.

The issue here is no the CD just passes without probate so it goes to the listed person, as would any of the life insurance.

Also why did he have to quit a job to do this?? You take a leave of abstance under several areas. Or merely hire someone to do it, an attorney.

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Originally Posted by Fr_Chuck

Also why did he have to quit a job to do this ????

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My guess is that the "horid" (sic) real property is a fixer-upper which needs to be repaired before it can be sold. But of course that's only a guess. I agree that it woulld seem to be a better idea to hire somebody.

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Originally Posted by AK lawyer

I was thinking that too, but unfortunately there is no probate board.

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With the economy as bad as it is I may need to start doing probates! Argh!

(Probate calls to mind images of all these old guys hobbling into court representing folks in will contests--seems like a quasi-retired old man's law practice!)

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Originally Posted by Fr_Chuck

The issue here is no the CD just passes without probate so it goes to the listed person, as would any of the life insurnace.

Also why did he have to quit a job to do this ???? you take a leave of abstance under several areas. Or merely hire someone to do it, an attorney.

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The property is in Southern TX, (20 acres of "off grid", trailer, water capture & solar) if you are not on the property everything will be stolen! (that is what the sheriff said) It's a 12 hour drive from where my brother lives, so he's had to move there. Sorry, unlike you I guess we are all struggling to get by without some kind of cash flow it is making everything very difficult.

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Originally Posted by crazywolf4

The property is in Southern TX, (20 acres of "off grid", trailer, water capture & solar) if you are not on the property everything will be stolen! (that is what the sheriff said) It's a 12 hour drive from where my brother lives, so he's had to move there. Sorry, unlike you i guess we are all struggling to get by without some kind of cash flow it is making everything very difficult.

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I think we're all struggling.

The Texas outback is what this property sounds like! Tobacco Road, the Grapes of Wrath.