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Can (POD'S) be challenged?

Denver, CO |

If the will states that one out of three brother's are the only one that is named (POD) on a will for all of the notes and bonds, can this be challenged at all? Or is it a done deal, and cannot be challenged at all. What are the grounds that a sibiling could contest this.

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Attorney answers 1


While I do not know the State that controls the estate of the decedent, in most states when an individual names a beneficiary to whom an account is payable at time of death (a so-called "payable on death" or "POD" designation), that designation trumps the decedent's Last Will and Testament. However, if you are asking whether a POD designation can be set aside, in most states if you can establish that the POD designation was added as the result of undue influence upon the decedent by the beneficiary, then the designation can be set aside and the funds would then pass according to the Will. In most states, in order to prove undue influence, you must establish 1) that a "confidential relationship" existed between the decedent and beneficiary (such as a child or a caretaker or someone otherwise in a position of trust) and 2) that there were suspicious circumstances around the transfer. Situations such as the one raised by the questioner are very factually specific and require consultation with an attorney who specializes in probate litigation.

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