Legal Question in Wills and Trusts in California

Where a trust makes no mention of POD bank account and specifies debts to be paid from trust estate may a successor's attorney deny POD beneficiary's creditor claim and divulge POD and its amount to other beneficiaries?


Asked on 6/20/15, 7:10 am

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

You need to be more detailed in your question. It's too general. What's the amount of the POD account? What's the amount of the creditor claim and what is it for? What is the trustee's explanation for denying the claim? Your post appears very similar to a recent post, for which I provide you with a similar answer - if the trustee has reason to believe that the POD account was funded for the purpose of reimbursing you for this creditor claim, then sure, the trustee can deny you payment. After call, why should you be paid twice? And there's nothing prohibiting the trustee from divulging this to anyone. Also keep in mind that if the POD account was created under suspicious circumstances, if you sue over the creditor's claim the trustee will likely give up any inhibitions against suing you over the creation and funding of the POD account.

Read more
Answered on 6/22/15, 10:07 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California