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Are designation of attorney and letters of appointment necessary to gain pod account information for the beneficiary?

Cape Coral, FL |

I asked a bank in florida if my deceased grandmom left a pod account for me, my sister and dad but a person from deposit operations is asking for a designation of attorney and letters of appointment for them to provide that confidential information, but the thing is we are not in good terms with the personal representative. The personal representative told us that we were named as beneficiaries of a bank account but refused to tell us which bank it was. The only papers I can present is the living trust with my name on it as one of the heirs (real estate property), trustee's deed, death certificate and our identification (passports, visa etc).

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Attorney answers 3

Posted

If you were the beneficiary of the account, the bank would almost certainly tell you. I believe what they are telling you is that you are NOT the beneficiary of the account at that bank. It is likely it would be part of the estate. I would send a written request for information to the personal representative.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

If the bank is asking for letters of administration-a POD beneficiary does not exist.

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.

Posted

Pay on Death designations will merely require the identification of of the Payee. A Letter Testamentary pertains to a Probate Case. Sit down with an Estate Planning attorney. Take your documents with you for the consultation. See Avvo.com under Find-A-Lawyer. Good Luck!