Legal Question in Wills and Trusts in Pennsylvania

If money is entitled in trust for at banks upon time of death, does it still have to be put in the estate and go through probate. I would not think this is necessary and live in PA?


Asked on 2/02/16, 5:03 pm

1 Answer from Attorneys

This does not even make sense. Usually the way it works is that people leave their money and assets to friends, family members or charity. Not the banksters.

People can do what I call poor man's estate planning. They either have a joint bank account with others OR they place a payable on death/transfer on death (POD/TOD) designation on the account which in effect tells the bank to distribute any funds in the account to the named designated beneficiaries when the single holder of the account dies. For joint accounts, the presumption is that any money in the account upon the death of one of the account holders results in the money being distributed to the surviving account holder(s). In either case, the funds are not a probate asset and do not pass through probate. This will work for people who own no assets and who will have only relatively small sums (say less than $10,000) in the bank at the time of death. Beneficiaries still may have to pay inheritance taxes on the funds though.

If there are no other joint account holders or no designated beneficiary, then when the sole account holder passes on, an funds will be frozen by the bank until such time as a personal representative is appointed and provides the bank with proof of the personal representative's appointment (called a short certificate in Pennsylvania for Pennsylvania estates). The bank then releases the funds and the personal representative deposits the funds into the estate's bank account where the money is then used to pay any claims against the estate and any net funds are then distributed to the beneficiaries if there is a will or as per the intestacy laws.

Posting a nonsense question on a public forum is not a substitute for legal advice about your situation. Nor should a person rely on poor man's estate planning. Wills and other documents are not all that expensive. At the very least, I recommend that you pay for a consult with an estate planning attorney to make sure that assets are properly designated and that you have documents in place so that your assets can be managed and distributed as per your wishes.

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Answered on 2/02/16, 7:41 pm


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