The designated POD in this discussion is also the individual chosen as Personal Representative of the estate, the assets are 5 certificates of deposit all w/this same person as POD. Mom assigned POD to her 5cd's back in 2008,she finalized her will w/estate atty. She had "all her ducks in a row", everything lined up.The 5cd's(approx.$55K)avoided probate,were the bulk of mom's estate, this made it eligible for Sum.Admin. Medicaid eligibility was approved & covered her end-of-life Hospice & medical. Approx $9K in mom's personal sv acct for funeral,etc.,misc. First paragraph of her will (in short)states "each of my 3 kids are to receive the amt.of $ in the cd in their name & bal of estate to be split equally amongest the 3 kids". By'08 mom no longer wanted to do the math(5cds$ div by3kids)& put this task onto shoulders of her oldest kid. A banker insisted the 5cd's were not part of estate & were clearly intended 4 sis. Well, she TOOK that bit of info.& ran w/it!
It does not matter what the will states, if the CDs were payable on death to one individual. Assets with payable on death designations pass outside of the probate process.
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