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I am executor of my mother's estate. She passed away a year…

Customer Question
I am executor of...

I am executor of my mother's estate. She passed away a year ago. My name and my sister's name were POD on 2 substantial cd's at local bank. I have recently discovered that both our names were removed and my sister's daughter is sole beneficiary. This happened before Mother's death in 2014. The bank says the daughter will receive the full amount of these cd's. Is there any thing that can be done about this.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Kansas

Lawyer's Assistant: What documents or supporting evidence do you have?

The original as well as the new cd's.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I understand that my 98 year old mother signed these new cd's making the changes. She was always very concientious about keeping things as close as possible between my sister and me. I don't know why she would change this. My sister and her daughter took her to the various banks and removed my sister's name as pod and signed her inheritance to the daughter. As far as I can tell they did not have anything else changed except for these cd's and the house. I have tried to ask them about the removal of my name. The daughter says she doesn't know and my sister is no longer speaking to me. Can I do anything?

Submitted: 5 months ago.Category: Estate Law
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Answered in 1 hour by:
12/24/2017
Estate Lawyer: Bill Attorney, Lawyer replied 5 months ago
Bill Attorney
Category: Estate Law
Satisfied Customers: 2,263
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your estate law question today. I'm attorney Bill assisting you.

POD accounts with a named beneficiary can be changed at anytime by the designated account holder; it appears that the accounts were changed to leave you and your sister out.

a POD account passes outside the laws of probate rather than through the will that you are now presiding over.

That said,as executor you are entitled to bring suits on behalf of your mother's estate.

To this end if you believe the accounts were changed where your mother acted under undue influence, duress, compulsion, fraud or without property mental capacity due to a physical or mental illness you can challenged these changes.

You would bring a civil action and civil demand against the daughter as executor for the account monies to be handed over to the estate.

We are here to help, so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Best

Attorney Bill

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