Legal Question in Wills and Trusts in California

My mothers will states that both my brother and I are to be the executors of her will. However, my brother is the POD on her bank account. Do I have any say in where that money goes when she passes away?


Asked on 6/26/11, 3:00 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

POD passes outside of probate, and no you don't have a say.

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Answered on 6/26/11, 6:26 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

No, it is apples and oranges. You are both Executors which mean you both together do the job required of the estate. Neither of you gets to choose to change the designations made by your mother of where assets go like this. You can talk to her about the account and ask if his name is on the account because she intends it to go to him only on her death OR if it is on there for her convenience so he can pay bills for her or so that it won't have to go through probate. If it is "for convenience", ask her to write that down and keep it so that later if he makes a claim for it as his, you have "clear and convincing evidence" required under the statute to show it does not go to him. Often this is done so the child can pay the bills of the estate with the understanding that the child will then add it to the pot. Often too, the child to whom the account appears to belong on her death will not choose to do that because by operation of law, it belongs to that child. You have an opportunity to clarify this now since Mom is alive so do. You can ask just out of curiosity, not demanding your half because your mother can leave her estate to whomever she wants and it does NOT have to be equal between children and it does NOT have to be to her children at all. Good luck.

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Answered on 6/27/11, 8:43 am


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