Legal Question in Wills and Trusts in Maryland

My father died and his remaining ss money was transferred into one of his daughters account. The mother/still wife wants the money back is she entitled to the money? Can ss pull the moneyback from the account and issue it to the wife?

Asked on 2/06/17, 9:56 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

It isn't clear how or why a post-death transfer occurred. All assets titled in the decedent's name at time of death should go through the probate estate. No one except the court-appointed Personal Representative should have authority to transfer assets out of a individually held account after the owner dies (a Power of Attorney automatically terminates on death).

If any assets (say bank account) were owned jointly the answer is more complicated and depends on how the joint title was set up. If, for instance, two people own something as joint tenants with rights of survivorship then generally the surviving owner will own 100%. If two people own something jointly as tenants in common, then generally 1/2 goes through the estate of the person who died and 1/2 is in the name of the surviving owner.

Note that these general answers may or may not apply to your specific situation. You may wish to consult with an attorney who can look at the paperwork and go over the specific details.

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Answered on 2/06/17, 1:28 pm

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