Legal Question in Wills and Trusts in Florida
My brother's will /estate list me for 20,000 cash on condition that the estate is over 250,000. then all goes to his adoptive daughter. She has found that any stock program / 401, is not considered as part the estate ,but ia an asset therefore making the amount under the 250,000 value. is this true or do I have a case to receive the 20,000
2 Answers from Attorneys
You need to talk to an attorney. It is too complex to resolve in this medium. Unless the stocks/401k are in an account with a designated beneficiary, the assets will likely need to go through probate.
More information would be needed. A 401K with a beneficiary named passes outside of the probate Estate. It is not part of the assets of the decedent as title passes to the beneficiary upon death. You need to get more information and seek some legal guidance.
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