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Are POD bank accounts stated in a Living trust agreement ?

Cape Coral, FL |

I got a copy of the living trust agreement of my late grandmom but I did not see any POD bank accounts for me although the executor informed me at the time of my grandmom's death last 2010 that i was one of the beneficiaries of her bank account but the executor didnt told me which bank it was because we were not in good terms even now. I only saw my name in the trust agreement to inherit one of the vacant lots my grandmom had in florida. Right now I dont know what to do because I am not from US and not a US citizen too. Is there any other way to locate which bank did my grandmom made me her beneficiary upon her death? also, are specific POD bank accounts with names of beneficiaries really not stated in a Revocable Living Trust document ?

Attorney Answers 3

Posted

The POD accounts are not in the trust and must be paid to the beneficiary.
The trustee or PR would usually advise you of these accounts.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

The assets in the POD account may have been used to pay off creditors that surfaced after your Grandmom's death, but a full accounting was due you by now. Whether or not the personal representative "likes" you or not, they owe a duty to you, as beneficiary, to ensure that you receive the distributions you have coming to you after the estate debts have been paid. Hire a probate attorney to help you get a full accounting of where the POD accounts are and what funds may be left that should be coming to you. Good luck!

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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Posted

The attorney or the Personal Representative of the estate should have informed you which bank the account was located. There is no reason for a POD account to be listed in a Trust as the POD pays outside probate. The Trust agreement may have stated one or more banks your grandmother banked with. If you have to search on your own, I would start with those banks.

This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. The information provided is for educational purposes and not intended to provide legal advice or to create an attorney client relationship. Please contact me at attorneyrauman@gmail.com or call my office, 727) 471-0039, should you like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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