Legal Question in Wills and Trusts in Oklahoma

My question is in regards to a payment on death benefit for a CD & an IRA account. Originally the CD was POD to me and the IRA to my sister. While my mother was ill she changed the POD on the CD to my sister's name and made her personal representative. I presume because I had taken a 9 month leave of absence to care for her while she was ill and needed to return to California - my sister lived closer in Missouri (Mother lived in Oklahoma). In the will it states that personal representative shall cash CD's/IRA & pay off Mother's house. The will also states 50/50 split to my sister & I after payment to creditors and funeral expenses. My sister did not pay off house but instead kept all of the money. In addition, she did not file a notice to creditors or pay any of the debts. I have since been awarded personal representation in court; however, my sister refuses to return the monies to pay off house. It is my contention that the POD was a matter of convenience not survivorship however, I have been unable to find case law to support this. If I take her to court do I have a chance of winning or does the POD stand even though it violates statement in the will?


Asked on 5/06/10, 8:13 pm

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

Yes, You need to talk to your lawyer.

Read more
Answered on 5/12/10, 12:44 pm


Related Questions & Answers

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