Legal Question in Wills and Trusts in California

How do I find out if accounts listed in my father's will are POD's

My father recently died and in his trust there are listed some bank and securities accounts. These are listed separate from the body of the trust on the last page. The account numbers are also listed. How do I find out if these are payable on death accounts? The trustee is ignoring us, so we can't get this information from her. Help?


Asked on 4/26/04, 9:25 pm

1 Answer from Attorneys

Austin Bosarge Turning Point Law

Re: How do I find out if accounts listed in my father's will are POD's

You can compel the trustee to provide an accounting. You can also contact the financial institution to find out the legal status of bank accounts. Just because they are listed on the trust attachment does not mean they are automatically included in the trust estate. Title needed to be transferred. There are cases that have decided that inclusion on an attachment was sufficient to transfer title and that changing title at the institution was more of a formality. As a beneficiary, though, you can compel the trustee to take certain actions. The unforunate thing about trusts is that they are intended to keep the financial affairs of the deceased out of probate court. If a trustee is not acting appropriately, you still may still have to go to the probate court. If you are in Sonoma or Marin counties, feel free to contact me.

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Answered on 4/27/04, 1:37 pm


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