Legal Question in Wills and Trusts in Florida
Can the surviving joint owner on POD -CDs, Savings & Checking accounts, where there was no Will and during Probate, remove beneficiaries without their knowledge in the state of Florida? I am the Personal Rep. of my father's estate and along with my step mother's daughter, the beneficiary on all of their accounts. Thanks.
2 Answers from Attorneys
A surviving joint owner of an account becomes the sole owner of the death of the other owner and has the right to make any beneficiary changes he or she desires without any notice to the previously named beneficiaries, unless there is some other agreement, e.g. a pre- or post-nuptial, that states otherwise, but that would be very unusual.
If you are the personal representative and have a co-personal representative, then the two of you should be making decisions on this matter. However, if the account is joint - their name and the deceased's name, then those funds go to the joint owner - as long as she/he can prove that the funds in the account belong to her/him. If not, then that portion that was your father's should be accounted for and then you should receive a portion depending on how many heirs there are.
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