Legal Question in Wills and Trusts in California

Will and ITF or POD wording

my mother just passed away, in her Will she requested all CDs be given to her sister. I found all CD's were ITF or POD to myself and her sister, which do we follow? If it matters the CD's were purchased before the will.

Thank you for your help I want to do the right thing but no one seems to know. Many thanks


Asked on 1/21/08, 2:25 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Will and ITF or POD wording

POD supercedes Will

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Answered on 1/26/08, 12:05 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Will and ITF or POD wording

With CD's the ITF or POD designations control since they keep the property out of probate. A Will only impacts property that must go through probate and a Will must be proven to be valid and operational which is proven in a probate proceeding.

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Answered on 1/21/08, 1:44 pm


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