Legal Question in Wills and Trusts in California

I have a CD that the decedent held in a POD account for me. I am reluctant to change

the titling at this time because any CD I could invest in pays substantially a lower rate.

I have a simple will that names four beneficiaries. If I were to die with the CD as it

is currently titled (the decedent POD for me), would the proceeds pass to the beneficiaries

per my wishes as expressed in my will. I understand about the ramifications of probate. This

is a short term situation prior to a trust being prepared...........Thanks


Asked on 7/19/10, 9:34 pm

1 Answer from Attorneys

Doug Michie Michie Law Firm

The CD in the POD account is now your property, so if you were to die it would pass to your beneficiaries.

What I don't understand is why you don't take advantage of the sale on utility stocks to buy some high dividend paying utility shares like dominion resources or consolidated edison. They will protect you against inflation better than CDs, as well pay a much higher income.

www.michielawfirm.com

I guess I wouldn�t feel lawyerly unless I wrote a disclaimer to this answer � after all, that�s what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you�ve met online (and don�t they always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.

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Answered on 7/24/10, 8:13 am


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