Legal Question in Wills and Trusts in California

Hi,

The will which has been accepted into probate states that beneficiaries named in pod accounts owned by the decedent were put in place only to spread the FDIC insurance risk under the 250,000 limit and are to be signed back over to the estate. most of the named pod beneficiary's are also in the will. The will also stated that if anyone goes against the will then they will receive no part of the inheritance.

If the people named in the POD keep the money can they be excluded from their share of the will?

Could the law firm that drafted this will have any exposure for writing provisions in the will that that can not be enforced.

Thank you.

Thank you?


Asked on 10/31/14, 11:18 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

That is a mess. You are not going to solve this problem by getting free legal advice on the internet. The money in POD accounts passes outside of a will. The will does not control it, because that is how POD accounts work. I have no idea who set this up, but they did not know what they were doing. This is the sort of thing that lawyers litigate over in court and the stuff ends up on appeal. You need to get yourself a decent lawyer now.

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Answered on 11/01/14, 5:19 pm


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