Legal Question in Wills and Trusts in Tennessee
Will & POD accounts
Isn't POD money seperate from a will since it doesn't go through probate and isn't paid out from the estate account? Mother's will states her children (all adults) would receive half of inheritance up front and other half several years from now. Most of her assests were accounts left POD to the heirs. The lawyer has told executor that we should not receive anymore money since we have received more than half from the POD acccounts already. Executor refuses to check further into it and relies only on what this lawyer advises.
1 Answer from Attorneys
Re: Will & POD accounts
It is always impossible to evaluate an estate without all the facts, especially a copy of the will. The precise wording may make a difference.
Without any limiting language in the will, it sounds like you would be correct in your analysis. Assets in POD accounts do not pass under the will because they are not part of the probate estate. That is the law generally in Arizona. This question appears to involve an estate in another state, so I cannot give an opinion on the laws of that state, as I am an Arizona attorney. Your message was sent to me by Law Guru. I believe you will have to have a consultation with an estate attorney to review all the facts and the will. Also, an Arizona attorney could contact the attorney in the other state and check the law there.
Good luck.
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