Legal Question in Wills and Trusts in New York
The Estate Attorney called the bank and told my brothers, one of whom is my co-executor , the amount that my mother left to me in a POD account. I was my Mother's caregiver. This started a family war. He sent all 3 of us a letter with the bank account amount. Can he legally do that ? Isn't that account non-probate? Thank you, Bob
2 Answers from Attorneys
It is legal and the account is not necessarily nonprobate. There are problems with POD accounts, including undue influence in establishing the account, fraud in creating the account, an attempt to avoid creditors, etc.
Depending on the amount in the account, you might consider hiring an experienced probate attorney to discuss the matter with you in an office visit and represent you should there be an attempt to bring the account back into the estate to pay the estate's debts.
Also licensed and practicing in New York.
Generally, it is not part of the estate.
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