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Recent POD questions

Can a bank remove my POD on my father's account when I use a

Can a bank remove my POD on my father's account when I use a long standing POA to manage his affairs the last few weeks of his lifeJA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: Virginia. Filed POA with Doctor's certificate several weeks ago, dad died a week ago and I now find that the POD to me has been removedJA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: No

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Dwayne B.

Juris Doctor

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My Gradmother has two POD accounts in my aunt's name, but

My Gradmother has two POD accounts in my aunt's name, but she used my mother for free care giving for seven years. Can my mother file in probate court for her care giving wages?JA: Since laws vary from place to place, what state is this in?Customer: Illinois. And according to the Illinois care giver act my mom can file, were just wondering if there is anything she could actually collect on.JA: Have you talked to a lawyer yet?Customer: Yes, but they have been vague and unknowledgableJA: What advice did they give you?Customer: One attorney says there is no estate to file a caregiver claim on, another attorney says that may not be true.JA: Anything else you think the lawyer should know?Customer: My grandmother is currently passing and we would like to know if my mother should send a bill to my aunt (who is also attorney in fact-yet has provided no care giving help).JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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In North Carolina, how do I avoid probate in my estate

In North Carolina, how do I avoid probate in my estate planning to protect my children? Is a will enough, or do I need to put my stocks, bank accounts, vehicle title and personal assets in POD accounts? I was going to do a will through Legal Zoom, but I am concerned about the probate laws in NC and if my adult children will be protected from losing money just because I didn't know the laws. FYI, my kids do not live in NC, I am 58 years old, and my estate is in the neighborhood of $250K. Help!!Tonya

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Loren

Juris Doctor

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35,384 satisfied customers
My brother had no will nor a living trust. He passed away in

My brother had no will nor a living trust. He passed away in February of this year and he had my name on his checking account and on his cd as beneficiary upon his death. His cd was$109,000.00 and his cash in his checking was $38,000. Do I have to claim this to the IRS and do I have to pay taxes on this gift? I am disabled, retired and 69. I live on a fixed income and I used the money to purchase a home fully paid for in cash.

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LegalGems

Juris Doctorate

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12,792 satisfied customers
I manage a social security representative payee account dad.

I manage a social security representative payee account for my dad. I want the funds to pass to my mom's hands without the funds going through probate. Can I just list my mom as a beneficiary on the account payable on death? The bank is saying that I can't list a payable on death beneficiary to a rep payee account but I don't see any legal reason for that.

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Dwayne B.

Juris Doctor

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Can a trustee who is beneficiary on the grantors bank acct

can a trustee who is beneficiary on the grantors bank acct let the money go into the trust instead of taking it himself ? will the bank allow that ? or can the trustee just change the acct over to the trust acct

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LegalGems

Juris Doctorate

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12,792 satisfied customers
My mother passed and left a bank account with a savings and

My mother passed and left a bank account with a savings and a checking. The savings account has a POD beneficiary: my brother. My brother is missing and has been for a while. If and when the money is turned over to the state from the bank as unclaimed property, will the property be under my mother's name (original account holder) or under my brother's name (POD beneficiary)?Thank you.

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Loren

Juris Doctor

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35,384 satisfied customers
It is my understanding that once someone is POD they not

It is my understanding that once someone is POD they not only inherite funds but property as well! If this is correct my question to you is prior to my fiancés passing I was his power of attorney during that time an agreement was made to settle unpaid taxes on 1 of his properties via payment plan. Power of attorney has now ceased what do I do regarding the payment plan I can not pay the taxes because my name is ***** ***** the home as of yet but if I don't honor the payment agreement the home will go into a lean what's your advice!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,440 satisfied customers
My dad died 2 weeks ago. He owes about 21,000 in debt that I

My dad died 2 weeks ago. He owes about 21,000 in debt that I know of. He owns no property, but has a house full of stuff. There are two children and one grandchild. Should we clean out the house? send it to probate?

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Loren

Juris Doctor

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35,384 satisfied customers
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