There are a lot of reading comprehension concerns out here. Unless I’m missing something, op didn’t say she wouldn’t abide by the will. She asked about the separate bank account that isn’t part of the will. At least that’s how I’m reading it.

Honor the will and hide the non-will information from her. She doesn’t need to know so why tell her and invite trouble? Your father found an elegant solution. And I’m sorry for your loss and for your difficult sister.

Anonymous wrote:My brother is undiagnosed bipolar and very bad with money. My dad basically left everything to us 50-50 as beneficiaries, but it’s unspoken that I have to be my brothers keeper in a financial sense. He doesn’t work and lives off inheritance. He’s always trying to pull money out of joint accounts for day trading, crypto, fishy investments, money for relatives etc. things can get really complicated, but I’m grateful my dad had the foresight to put all his accounts in Merrill and hire an adviser who knows my family’s (my brothers) situation… they have been very helpful in working with us.

If it's not in a trust, I don't see how this is legal. It's his money to do with what he wants if it's not in a trust.

Op this is stealing you can not do this

Follow the will

Anonymous wrote:She's in the will because your dad loved her. It is HIS will that she inherits. You sound greedy and emotionally stunted to not see this. The mature thing to do is be transparent and make sure your dad's wishes are implemented.

This.

Absolutely go and remove all paperwork from the house now. Go take trash bags and shove all the papers you can find in the house into the bags and take them to your house. You can sort them later, you just need them out if the house. The bank accounts are your account not hers.

If she distanced herself from your father does she even have access to the house? I would immediately change the locks if she had a key to prevent her from entering the house or moving in. Trying to get a mentally unstable person out of a deceased parents house who moved in as soon as the parent died is a nightmare. I also would sell ASAP.

My brother is undiagnosed bipolar and very bad with money. My dad basically left everything to us 50-50 as beneficiaries, but it’s unspoken that I have to be my brothers keeper in a financial sense. He doesn’t work and lives off inheritance. He’s always trying to pull money out of joint accounts for day trading, crypto, fishy investments, money for relatives etc. things can get really complicated, but I’m grateful my dad had the foresight to put all his accounts in Merrill and hire an adviser who knows my family’s (my brothers) situation… they have been very helpful in working with us.

There are laws to follow. Follow the will and the laws and that's it. Why are we even talking about her saying that she wanted nothing. Her saying it doesn't overrule the law.
Tell the court that you kept it all because sister said she wanted nothing and see how it goes.

She's in the will because your dad loved her. It is HIS will that she inherits. You sound greedy and emotionally stunted to not see this. The mature thing to do is be transparent and make sure your dad's wishes are implemented.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You don't need to tell her. You may want to keep some of the statements - unless you have online access. You do need to honor the will. But I assume these accounts will be settled outside the will since you are either on it or are the designated beneficiary. I also assume the will doesn't specifically list these accounts as going to her or you both together.

Correct. They are separate. He put as both as beneficiaries on the other non-probabte accounts but did not include her on the accounts I'm referencing. Part of me feels like challenging the audacity if questioned, when she put in writting to remove her and treated my dad poorly, but the other part of me wants to keep the peace. I'm over beng the rational one and feel she should feel the full spectrum of embarassment/guilt for having her hands out.

Do not tell her about the accounts to which she is not entitled. Remove that paperwork to a safe spot and keep the records for seven years in case of audit.

Do not make any attempt to withhold her inheritance. I understand your feelings, but you would be committing a crime. Just grey rock her and do what you are supposed to do. There is no thing where you can go to court and petition based on her prior request. She would have to disclaim the inheritance now. And she’s not. Don’t let your sister’s bad behavior drag you in.

I don't see how making the OP a joint account holder on bank accounts removes the accounts from the father's estate.

Life insurance can be a different story, as can certain accounts that will only be released to a designated beneficiary.

The money in a joint account passes automatically to the surviving account holder when the other dies. It is not part of the deceased account holder's estate. The same would hold if the account holder named a payable-on-death beneficiary. These are both OG ways of passing on assets outside of probate.

I don’t think OP is obligated to tell her sister about any accounts that the sister doesn’t have a claim too. Just distribute what’s owed to the sister and be done with it.

I’m joint on my mom’s accounts only to handle her money. Even though it’s a joint account all of the money in there is hers. I plan on splitting it with my brother when she’s gone. I consider it 100% part of her estate. But legally I guess I don’t have to, as the account will pass to me only once she’s gone. My moms will has my brother and I splitting her assets.

But in the OP’s case her dad named the sister as a beneficiary he wanted her to be a part of. Not on the joint account so I think OP is in the clear. Just don’t mention them, they don’t involve the sister.

Anonymous wrote:If he titled the accounts a POD or pit you as a beneficiary, then they are yours now and not part of the estate. That’s why those designations exist.

Echoing this. Joint accounts with rights of survivorship (which is the default) are generally not subject to probate.

As with everything there are exceptions but those are best directed to your attorney.

I would look at what the will says and go by that.

Anonymous wrote:Yeah, but if your dad did not explicitly say that you were the only beneficiary of that account, she is entitled to it.

When you add a beneficiary to a financial account you are explicitly saying who gets the account. No one else is entitled to it. If he wanted it to be split, he would have added them both as beneficiaries to split it in whatever percentage he said.

If he titled the accounts a POD or pit you as a beneficiary, then they are yours now and not part of the estate. That’s why those designations exist.