Legal Question in Wills and Trusts in Florida
Wills
Hello, my question is what effect does a recent P.O.D. have on a prexisting will. Thank You.
Asked on 9/03/08, 11:43 am
1 Answer from Attorneys
Re: Wills
A Will controls assets in the probate estate. A POD on an account will distribute that account per the POD and that account will therefore no longer be part of the probate estate and not distributed under the Will. This is a very general answer and there may be very limited situations where the POD could be questioned if the person had limited capacity or if it resulted in a surviving spouse taking less than 30% of the deceased spouse's assets. I suggest that it may be important for you to talk with an attorney for more information or details.
Answered on 9/03/08, 12:15 pm