Orlando, FL asked in Estate Planning, Family Law and Probate for Florida

Q: My dad had his own bank account with myself listed as POD, but his Will states everything goes to his wife. What happens

my dad was in the middle of divorce when he died. He was the solo account holder to his bank account and listed me as POD. What can my step mother do if I claim the money and anything else he left? The only will we found was from 2015 leaving everything to her.

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2 Lawyer Answers
PREMIUM
Answered
  • Estate Planning Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: The POD bank account should transfer outside of probate so it will go to whoever was listed as the POD beneficiary. In regard to the will, more information is needed regarding the divorce, contents of the will, etc. in order to see what should happen. You should talk to a probate attorney.

Mr. Long H. Duong agrees with this answer

Answered
  • Estate Planning Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: I suggest that you go to the bank asap with a copy of his death certificate to establish that you are the named beneficiary and close the account and move the money to your own account. The POD status should override the will as it is considered a transfer during life.

Good Luck,

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