Elyria, OH asked in Probate for Ohio

Q: Was my mother's POD on her bank accounts and TOD on her house. She had no will. My brothers want money from these acc

I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks

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1 Lawyer Answer
Brenden Patrick Kelley
Brenden Patrick Kelley
Answered
  • Estate Planning Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do not have a POD or TOD designation must be divided among the six siblings, as your mother passed away intestate. I am sorry for your loss. I understand this is a challenging time, further complicated by legal issues. Good luck navigating this situation.

I would suggest speaking to an attorney directly about your situation, as every case is different. Please note that this communication does not constitute legal advice and does not establish an attorney-client relationship.

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