How can I ensure POD money is returned to me from my brother?

Question

I am involved in a dispute where my brother is withholding POD (Payable on Death) money designated to be returned to me. The POD accounts are not part of my mother's estate. My brother believes my mom intended for the money to be split into thirds among siblings, but I have documentation indicating that I am the designated POD beneficiary. How can I ensure the POD money is returned to me according to the account designations?

James L. Arrasmith · Answer

This situation is emotionally and legally complex, and it’s understandable that you want to make sure your mother’s wishes are honored. A Payable on Death (POD) account bypasses probate and goes directly to the named beneficiary—meaning it legally belongs to you, not the estate or your siblings. If you have documentation from the bank confirming that you are the POD beneficiary, then you are entitled to those funds, regardless of what your brother believes your mother intended. 
 
If your brother has somehow accessed or withheld that money, he may have done so improperly. Start by asking the bank to provide a formal statement confirming the POD designation and verifying that the account passed directly to you. With that documentation, you can demand that your brother return the funds and explain that this is not part of any estate division. Make sure to keep your communication respectful but firm, and put everything in writing in case you need to present it later. 
 
If he refuses, you may have to take legal action through small claims or civil court, depending on the amount involved. The court will look at the legal designations, not family assumptions. You are within your rights to seek the return of money that was meant for you. Your mother made a decision, and that decision is legally binding.

Q: How can I ensure POD money is returned to me from my brother?