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CarrieMary2

POA named paid upon death

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Father had set up a pod savings with just my name on it. It was to go only to me, not to sisters. As he was dying (3 days before) he asked that I go to the bank, use my poa, withdraw all the money and bring him the check. I was to fulfill 4 requests: pay all his bills, do something for animals, give 3 grandchildren an amount of my choosing & keep at least $28,000 for myself. He'd asked almost every day for a month. One sister in Florida, who has not seen or talked with Dad since 2010 even though he begged to see or talk with her. Even offered to pay her. 3 months later, she produces a will stating she gets everything. She is suing me for the entire amount & reimburse me for his bills. My question is: The moment he passed, his name fell off the savings account leaving my name only and the will took over. How can she go back in time and claim this account?  Her name was never on this account. Can she make me pay her the entire amount? The money is almost gone, I carried out all his wishes but it did not leave me $28,000 as promised. Can she take my share of dad's home and/or put a lien on my house? Please advise, its getting really ugly.

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CAN she do this.

 

CAN she do that.

 

Of course she CAN do if she IS doing it.

 

No way to predict whether she'll be successful or not.

 

By the way, what do you mean by "she is suing me"?

 

Have you been served with a summons and complaint?

 

If not, then she's spouting hot air and you have the option of telling her to pound sand.

 

If you have been served a summons and complaint you need to hire a lawyer to handle it for you.

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Has the will been probated? Ws the sister named as executor AND appointed as such by the probate court? Is the will even genuine? Why would a distant daughter have the only copy. Did you contest the will? As previously asked, have you been served a summons and complaint? Mind you, this woud have to be litigated in the state in which the decedent was domiciled, not in the sister's home state of Florida.

 

Anyways, depending on the terms of the savings account and if the relevant account forms were executed properly, it is quite possible that the account would pass to you and not become part of the porbate estate. So your sister would not be able to claim it either for herself or the estate (presuming she's not pursuing you on some claim of exercising undue influence, etc.)

 

Recommend you take a meeting with a local attorney who handles wills and probate to walk you through the process and explain your rights.

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Her attorney has contacted me numerous times for questions.  My attorney says she can but he has been having grave personal problems, we usually end up talking about that. 1st time he said don't worry. 2nd time he said acknowledge will she produced. 3rd time don't worry.  4th time she is asking judge to grant her the entire amount without pay any of his bills. You're stuck with them. So I have an appointment for a 2nd opinion with another attorney. I don't to waste anyone's time, so I thought I'd ask here. How can a will go back in time? Her name would never be there & his falls off the second he passes.

 

There is nothing in his name at the time of his death so no probate, she just filed it. Nothing to contest.  His accounts were POD so his name drops as soon as he passes.  He was 90 yrs old when this will was signed, I knew about it but there wasn't anything to probate. He had signed the house over to all of us years ago. His caregiver was the only one there to witness how she did this but caregiver died. The other 2 sisters were to receive nothing.

 

She has an attorney here in Ohio. Sends husband with poa, she will not face us. She is named executor of nothing because he put everything in pod. How can she go back in time when a will starts at death? No one seems to be able to answer that question.  At death, his name fell off all accounts, mine remained.

 

Can she take my share of dad's house (its in our names) and lien on my personal home?

 

According to her attorney, they will file the complaint and the judge will decide. My nor my attorney will be present.

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"As he was dying (3 days before) he asked that I go to the bank, use my poa, withdraw all the money and bring him the check."

If you're talking about the POD account, it's too bad in a way that he decided to do this.  The fact that you're named pay on death beneficiary isn't relevant if you removed the money before he died.  I suppose you could have documented his wishes, but anyone representing the estate is free to question what you did with money just before he died with a POA.

 

"3 months later, she produces a will stating she gets everything."

Even if you know of no other will your father made, she'd need to see to it that it was filed in the relevant court where your father was a resident when he died.

 

"How can she go back in time and claim this account?"

The "how" question to strangers isn't productive given we don't have relevant info.

 

You need to pester YOUR lawyer, or consult with another.

 

"Her attorney has contacted me numerous times for questions."

Naturally, you're free to ignore this person and tell him/her not to bother you again; it would be unethical for this person to continue to contact you after you let him/her know that you have counsel.

 

"My attorney says she can but he has been having grave personal problems, we usually end up talking about that."

Uhm, dump the damn attorney.  :)

"4th time she is asking judge to grant her the entire amount without pay any of his bills. You're stuck with them."

Sorry, but it's hard to know whether you're trying to quote your attorney, and you do not tell us what you mean by "4th time" except insofar as it is perhaps 4th contact by her attorney.

 

"How can a will go back in time?"

So close to the date of death, I presume she'd ask the relevant probate court to examine what was done just prior to death.  If you establish you acted on his wishes as POA and also that certain bills were his, damage may be minimal.  Pointing to the fact that you were POD beneficiary should help show that you had no reason to take dough for personal gain three days before it would have been all yours by operation of contract.

 

"I knew about it but there wasn't anything to probate."

So you're saying that he did leave a will naming her as sole heir.

 

"She is named executor of nothing because he put everything in pod."

Shouldn't be hard to demonstrate that to a probate court.

She might try to demonstrate undue influence to a court, or want to examine the account paperwork to ensure it's his signature.

 

"Can she take my share of dad's house (its in our names) and lien on my personal home?"

If she wins a judgment against you in a personal lawsuit, she can go after your assets, yes.

 

"According to her attorney, they will file the complaint ..."

Your post indicated she HAD sued you.  If no one has filed suit and there is no probate case open, then we cannot know if she's blowing hot air.

 

"... My nor my attorney will be present."

Huh?

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As he was dying (3 days before) he asked that I go to the bank, use my poa, withdraw all the money and bring him the check.

 

 

Can you clarify if you actually did this?

 

If you did before he passed away, then, technically, you ended the payable on death designation,

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Only my husband & the hospital sitter was in the room when he asked the last time. He was mentally fine so that's not in question or it shouldn't be.  No one will believe my husband because they would think he'd side with me regardless. The sitter, have no idea who she was, but I'm sure she wouldn't want to get involved because of her job.

 

She filed in Ohio where he lived.

 

4th means 4th time I visited my attorney he had been contacted by hers. Her attorney contacted mine each time. I pretty much quoted my attorney. He said if the judgement does not go my way, which is doubtful. And I don't comply, I could go to jail.

 

Yes, in 2006 she bullied him into signing the will she drew up.  It was not his idea.  Remember he was 90.

 

She's greedy and married to an elderly millionaire.  Its me she's after not just the money. I've given them every shred of paper I have, they threw it out & refused to recognize. Said I didn't have enough evidence. I gave the bill and the cashed check...what more is there?

 

She has not sued yet, her attorney told mine they would file a complaint.  My attorney says I will end up paying all of it to her. $52,000

Taking the money out, even though I did not cash any of the checks for a long time, forfeits my 'pod' account. Dads name stays on & she gets it all.  To me that's crazy and very unfair.  I did not take all the money nor did I close the account.

 

Just looking for answers & trying to understand how she can go back before death with a will that is suppose to be utilized at death.

 

thank you so much

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Yes, I actually did it and gave the copies of the cashier check to my attorney who passed them on to hers.  That's the problem, they say because I did that, I forfeited all claims to that account even after his death.  Everyone knew some of his wishes but they are either dead or its my sisters who wanted me not to pay his bills, not to give the grandkids anything & they wanted a fair share in cash.

 

My dad was dying right before my eyes as his kidneys were failing, I would have denied him nothing. Others never came around unless their hands out. Its the Little Red Hen story just like so many other families.

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Doesn't matter whether a witness is reluctant.  You're free to do discovery and find out who she was.  And presumably you kept some paperwork about what bills you paid, etc.

 

"He said if the judgement does not go my way, which is doubtful. And I don't comply, I could go to jail."

This is awfully garbled, but there's nothing in your posts to suggest any criminal issues.

 

"Yes, in 2006 she bullied him into signing the will she drew up. It was not his idea. Remember he was 90."

And he was free to note in front of witnesses that the will was no good AND DRAW UP ANOTHER ONE or an amendment to it the moment she left if she in fact took an original.

 

"She has not sued yet, her attorney told mine they would file a complaint."

One more time, I wouldn't presume she's doing more than blowing hot air.

 

"My attorney says I will end up paying all of it to her. $52,000"

As you've been told, seek other counsel. 

It's also not at all clear whether there is an ongoing probate action.

 

"Taking the money out, even though I did not cash any of the checks for a long time...."

Remember, you advised in your initial post that you were told to take all the money out.  You didn't say anything about preparing a bunch of checks that you cashed piecemeal after he was gone.

 

"Just looking for answers & trying to understand how she can go back before death with a will that is suppose to be utilized at death."

You can't expect strangers to give you definitive answers.  I'd make sure you do due diligence and check out this prospective attorney with whom you plan to consult.

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Correct, I did not take out all the monies, just enough to satisfy him.  Checks were not cashed until the bills started coming. He didn't want me to pay taxes so he told me to take them out less than $10,000. I did $9,500 using my poa.  I did 4 @$9500 & 1 @ 7,000 from him to me.

 

I'm still going to see another specialist attorney in probate/wills.  I know nothing except they refused to pay any of his bills, even to the funeral home.  Other than letters from her attorney, I have received nothing else.

 

I understand, just thought maybe someone had a similar situation they experienced.

 

thank you so very much for your comments, I really appreciate you taking the time to look at my problems.  If you have any more comments/suggestions/questions, please share.

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Father had set up a pod savings with just my name on it. It was to go only to me, not to sisters.

 

Let's just be clear from the start that the POD designation meant ONLY that any money in the account at the time of the account holder's death goes to you.  The POD designation has little, if any, relevance to events that occurred before death.

 

 

 

As he was dying (3 days before) he asked that I go to the bank, use my poa, withdraw all the money and bring him the check. I was to fulfill 4 requests: pay all his bills, do something for animals, give 3 grandchildren an amount of my choosing & keep at least $28,000 for myself.

 

Safe to assume you have no documentation of this?

 

 

 

3 months later, she produces a will stating she gets everything. She is suing me for the entire amount & reimburse me for his bills. My question is: The moment he passed, his name fell off the savings account leaving my name only and the will took over. How can she go back in time and claim this account?

 

I'm not really sure what this question means since, to the best of my knowledge, time travel has yet to be invented.  As far as how she can claim something, anyone can claim anything.  I'm sure your intent here was to ask something different than what you actually asked, but I'm not sure what that might be.

 

 

 

Can she make me pay her the entire amount?

 

No, but a court could, potentially.  The good news is that a will only governs the disposition of property owned by the deceased at the time of death and which was not jointly owned with the right of survivorship or did not have a POD designation.  In other words, the POD designation should trump the will.

 

 

 

How can a will go back in time?

 

Here we are with another vague time travel question.  :-)  By the way, you didn't answer many of the rather relevant questions that were asked in the first two responses you received and might want to go back and re-read those responses and answer the questions asked.

 

 

 

How can she go back in time when a will starts at death? No one seems to be able to answer that question.

 

That's probably because, as phrased, the question is vague and meaningless.

 

 

 

Can she take my share of dad's house (its in our names) and lien on my personal home?

 

Nothing in any of your posts suggests that this is possible.

 

 

 

She is suing me

 

She has not sued yet

 

Which of these two statements should we regard as correct?

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I'm so sorry for the confusion. Everyone (sisters) was jumping on me for money the very next day. I have not even had time to grieve.

 

Yes, I have documentation of bills, cancelled checks,  Animal Shelter but not the kids because their mother's told them they better not take one cent from his money. It was theirs, not the grandkids so I gave them cash. My attorney knew my father very well & knew he wanted to give the grandkids something. Dad put one thru college. He was very close to them. They all have agreed to testify or whatever I need them to do now.  My (our) attorney knew all about the POD.

 

There was nothing to probate except furniture left in the house. Car was transferred to my youngest sister which we all agreed, including dad. 

 

My lawyer told me she was going to sue me as soon as they receive the last 3 months bank statements which they should have by now.  This was not a guess on his part, sister's lawyer was just waiting for those statements to file.

 

Yes, I have the copies of the checks & have given them to my attorney. Dad had told everyone over & over for many years I was to receive $28,000 for the 13 years of guardianship for mom  which I never took a penny. Also $15,000 for helping him for the last 40 yrs. Laundry, grass , etc. They only came around for money or borrow a car. There are several whom he told but either they won't say (sisters) or they are dead (mom & caregiver). It was in his previous will but not in the one she has.  No one thought he needed to make another.

 

I just don't understand how she can demand anything before his death. It is not her business.  The will she produced, very simple, 2 pages, she gets anything he owns at the time of his death. He did not make a new will because there was nothing to put in it. Even the checking account was POD to all 4 of us. One sister took it all.  I never said a word. 

 

I hope I answered all the questions, if not, I am so sorry I can't make myself clearer. I so appreciate all of you taking the time to read my problem. I wasn't looking for a solution, I just thought maybe someone had the same problem and would tell me how their's went or ended. If so, please share with me.  I'd like to think we aren't the only crazy family.

 

Thank you all again.

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Has probate been opened on the decedent's estate yet?  If so, who opened it--did sister submit the will to probate court yet or has no probate been opened at all?  Any attorney who uses his personal problems as an excuse is setting you up now so he can skip out later--you definitely need a better attorney now--your new attorney can help you fire the other one.  What is the value of the estate?  If it is modestly small, you may have problems getting a new attorney because dealing with the spitefulness of sister may not make it worth any fee that might be recovered.  Simply stated, you did nothing wrong that would open you to charges of illegality--you were properly using the POA you were given and sis is just mad because she wrongly thinks she has been cheated out of her share of an inheritance, but the money WAS NOT HERS before the decedent died.  You will win--what a shame that she appears not to understand the concept of a power of attorney---but you and your attorney will have to spend a day or 2 in court defending yourself just because she wants to be vengeful for no reason.  It happens all the time.  And you need to ask your new attorney if in fact you should be contesting the will if it has been submitted to probate court, but let me guess--she hasn't submitted it yet?

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yes, sister filed the will with the courts, judge has signed it.

 

My POD from dad was about $50,000 before any expenses, bills, etc. The estate has nothing in it but contents of house & garage. Furniture, odds & ends, very few tools, etc. Cost more to haul it away than the value.

 

Will states the other 2 sisters (named)  get nothing and he said they knew why...which they do. They talked dad into signing the house over to them years ago but after a few months of thinking, he asked they sign it back & they said no. To him, that's stealing.

 

She pays her attorney to do what she says. She's a millionaire & has never worked a day in her life.  She has always lied & stole doesn't matter how much she has, she wants more.  She refused to speak or contact dad again after will was written even skipped the funeral.  I think she is ashamed what she did & is doing that's why she is sending her husband with a poa to Ohio to do the dirty work.

 

Knort2: I pray you are right. So many lives will be touched by this and in not a good way. 

 

thank you so very much

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I will try to go "big picture" here because you're not really focusing on the questions we're asking and are, instead, providing us with long narratives about things that we're not asking and which, for the most part, aren't relevant (the answer to the question, "has the estate been probated?" is either "yes" or "no").

 

First, when you withdrew all the money from your father's checking account by using a POA, you exposed yourself to scrutiny by your father's heirs because you (apparently) have no documentation to corroborate your claim that you did what you did at his request.  You can claim that you did it at his request.  However, without any evidence to corroborate that, you may have a difficult time convincing a judge or jury that it's true.

 

Second, because the spectre of "self dealing" exists, your sister, who apparently is the sole heir under your father's will (assuming it's a valid will) can seek to recover from you the money that you took out of your father's account (more accurately, the executor of your father's estate would have to do this, but that would probably be your sister since she's the sole heir).  In order to do that, she would have to prove that you engaged in improper self-dealing.  Hence, we get back to the first issued I discussed above.

 

Of course, you would argue that you did not engage in self-dealing.  However, you could also defend on the ground that, even if what you did was self-dealing, if you had not done it, the money would have remained in a bank account that had a POD designation, which means that the money would have gone to you anyway.  Arguably, it means that your sister/the executor of the estate doesn't even have standing to pursue the claim.

 

Since your sister apparently has not sued you, there really isn't much for you to do at this point.  If you do get sued, retain a good lawyer to defend you.

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Probate open & yes valid will

 

I did not withdraw all from savings & nothing from checking.

 

Have no idea why she had the only copy.

 

No I have not contested will yet.

 

Yes, she has filed a complaint.

 

Yes, I have all bills, cancelled checks, etc. She has rejected all.

 

Yes, sister executor & apt by court.

 

No, I have no documentation that he instructed me to do so.

 

Yes, awaiting instruction from my attorney & appointment with another. 

 

thank you so much.

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Yes, she has filed a complaint.

 

 

Since you are going to retain an attorney, this is out of curiosity.

 

What is the nature of the complaint?  Is she contesting the Payable on death designation?

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Doesn't she know, if she was suppose to have any of it, he would have added her name to POD acct? Greed. Hang in there, hopefully you will win. 3 days before death does not make a 'malice' action. I hope new attorney fights for you. Keep us posted & good luck!

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2nd ATTORNEY: Fight it. It would never have been her money, she is wasting her time. Only 2 names appeared...mine & dads which fell off as soon as he passed. Anything I did before he passed using POA does not matter. He was alive, it was his money to do with as he wished.  She is now threatening me with 'prison time' for whatever.  My attorney says she must take me to court first....not have me arrested.  If the judgement is against me.....she can put a lien on my share of any property I have but only my share not my husbands.  I have not heard anything legally from her for 3 months but I look to soon.  She will not give up. Still refusing to pay his medical expenses. My attorney has filed for re-imbursement.  

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"Anything I did before he passed using POA does not matter."

Well, that's not strictly true as a blanket statement.  If she's executor of the estate, she's free to expect you to cough up all records that you have on past actions (those records are property of the estate).  Whether she can successfully get a court to compel you to account for past actions, we cannot know. 

I suggest you stop listening to this person's threats.

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