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  Home >> Special Situations >> Deceased Individuals  
Intestate: Who Benefits from Accounts?

My mother died an accidental death due to mental illness, apparently involving her own self-medication. She was separated from my father for four years. My father's name was not on her accounts; she named me as the beneficiary.

She had joint accounts with my father, but she also kept her own, the ones with me listed as the beneficiary. They were never legally separated or divorced, but kept separate residences for four and a half years.

My father says he has total access to the accounts and I have no say because of marital property law. I say I do, since his name isn't on them, but I am listed as the beneficiary, and they've been separated for a long time. Who is right? She had no written Will.

Untitled

In most states, the beneficiary designation made the accounts yours at the time of your mother's death. They are not part of her estate.

You should claim the account promptly by supplying proof of your identity and of your mother's death. The bank will probably require a certified copy of her death certificate.

Published on BankingQuestions.com 11/03/10