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[quote=Anonymous]I guess it was set up with aunt + dad as the survivors (thus bypassing probate) and then since aunt's gone, it's all going to the dad. Now if somehow there's a regular bank account with $5k that's found and *no* survivor instructions, that would fall under regular probate, right?

Be careful, though, your dad may want to get a second opinion or at least put the 25k in some sort of escrow in case the uncle + cousins get all sue happy (if only to make sure everything was spelled right/notarized where needed/etc.)

And -- let's face it -- your dad's fighting a battle from 25 years ago. Maybe he's in the right, but now the uncle/cousins have a story as to how they were Royally Shafted and can now be Victims in Perpetuity.

I know my sister and SIL have gotten more from our respective parents than I or my wife have. Now if they try to act in a way directly counter to our parents' respective written instructions, that's one thing.

But something like this? A lot of good will can be bought by just giving the cousins half. I'd like to hope I'd just unhesitatingly give the $25k or whatever it is to my sister/SIL, and that my wife wouldn't object. [/quote]

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