Cincinnati, OH asked in Estate Planning for Ohio

Q: Can I change trust assets to POD accounts and which takes precedence: trust or PODs?

I currently have a will and a trust where all my assets are listed. These include my savings, house, and CDs, which I want to change to Payable on Death (POD) accounts. My intention is for my one son and minor grandson to receive everything. I'm curious about the legal implications and which would take precedence between the trust and the PODs. Can I proceed with this change, and is there anything specific I should be aware of?

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2 Lawyer Answers

A: I suggest you discuss this with an estate planning attorney. I am assuming your trust is revocable. If your savings accounts, house, and CDs are titled in your trust, then they will each need to be retitled, and then a TOD beneficiary assigned. If those things are titled in the trust, the trust takes precedence, and a TOD is pointless. If they are not in the trust, why aren't they? Your trust can do all that a TOD can do and more. Before changing your entire estate plan, you should discuss it with someone who can point out the pros and cons.

James L. Arrasmith
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Answered

A: You’re asking a really smart question, and it’s great that you’re thinking ahead about how your assets will be passed on. In Ohio, if you change your accounts—like savings or CDs—to Payable on Death (POD) designations, those assets will *bypass the trust* and go directly to the named beneficiaries. That means the POD instructions take precedence over what's written in your trust or will, as long as the designation is valid and on file with the bank or institution.

So yes, you *can* make that change, but be aware that it may unintentionally conflict with the structure and purpose of your trust. For example, if your trust outlines long-term care or management for your grandson, that protection won’t apply to funds sent directly through a POD. Also, if you’ve titled assets into the trust already and then assign a POD to the same account, it can create confusion or even legal disputes between your trustee and the beneficiaries.

Before switching everything, think about what makes sense for your goals—speed and simplicity, or protection and control. You’ve already done the hard part by creating a trust, so take a little time to make sure any updates fit together smoothly. You’re on the right track—just move forward with clarity and care.

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