Do you have what they call “your affairs in order?”
As many of you already know, one of our regulars, Suzieseller, recently lost her beloved husband. We all are so sorry. We know how much it hurts. Very sad. 😞
Suzie is having a hell of a time getting access to some of their accounts. She writes:
Not to take it off topic; but as a fair warning to all family members and spouses out there: Make sure that anything with their name on it as the primary account holder on; that they request, and fill out an official form that designates you as the beneficiary on each those accounts; assets; or anything else you would have to take over. My husband assumed that was all automatic in California; but it is not necessarily true. I have had two different accounts that were some of the largest; including some retirement annuities; and some investment accounts that have requested I need go to probate to get a designated court order that names me as the trustee to his accounts; or funds. Learned that this will cost me between $6-10,000; even though I am designated as his beneficiary on all of them. Because he didn't fill out those forms with each of those companies himself; I am still fighting to avoid the hassle, and expense of probate.
I have since added at least one of my daughters to every account I have since learning that it was required in order for them to access any information; or funds; should I die. As his only surviving relative and his spouse for 18+ years you would think they would accept my word; or my designation as his surviving spouse; but they are still fighting me to produce a court order; and have been withholding my ability to transfer them into my name for the last 6 months! Another lady whose husband died about the same time as mine is dealing with the exact same issues, and he was a medaled Navy Seal!
I mentioned to Suzie that I was pretty sure most all of our stuff is in both my husband and my name. And that I thought our wills would take care of anything in question, but that a lot of things can go wrong when the time comes. She replied:
Ours too has always been in both of our names; doesn't matter; they still say they need a court order to release the accounts; I can't even get a current statement from 2 of them.
You have to ask each company what they require should the primary account holder die; or become unable to approve full access to their spouse; attorney; or family member whom they would choose to take responsibility.
I was designated as his beneficiary; even received his death benefit in two instances; but since I was not designated as an official trustee of his estate my access to some accounts remain in limbo.
It's really been a mess; one they never mentioned that I believe my husband was neither aware of.
Something any corporation should disclose when any account is first opened. I can't even get back statements from our checking account that we held jointly for 30+ years; and my name is printed on the checks!
Some call it red tape; a PITB is how I would have to define it at this moment! And yes it is entirely unnecessary and avoidable; but only if we know about it; and make it official with each company; or account; before we die! :\ Ironic example of living and learning! :D
Q: What do you think? Are you pretty sure everything, financially, is in legal order in your life? Any advice from especially our resident lawyer, Germaine, or any other legal beagles that frequent this place?
(by PrimalSoup)
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