QUESTION

Does a POD on someones accounts belong to the estate?

Asked on Aug 19th, 2019 on Estate Planning - Georgia
More details to this question:
My mom died and left all her bank accounts with a POD in my name. Moms executor thinks that money is part of the estate
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
4 Awards
If your mother named you as the POD beneficiary on an account, that account belongs to you, and it does not become part of your mother's probate estate. It DOES become part of her estate for estate tax purposes, so if your mother's estate was large enough that an estate tax return is required, or if she was married and the Executor wants to allow her surviving spouse to use her remaining estate tax exemption and so an estate tax return is needed, then the Executor would need information about what was held in any such account at the date of your mother's death. But the Executor is not entitled to the funds. They're yours.
Answered on Aug 20th, 2019 at 6:53 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Wills Attorney serving Austin, TX
2 Awards
POD accounts pass outside the probate estate.  However, in most states, if there are insufficient funds in the probate estate to pay the estate's debts, people who receive accounts POD must pay those debts pro rata.
Answered on Aug 20th, 2019 at 5:09 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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