Legal Question in Wills and Trusts in Florida
My mother passed away on 10/05/10.
In her will everything is to be split down the middle equally between me and my brother.
She had taken out series EE bonds years ago, 7 in each name, equal in value.
They are all P.O.D., 7 to me and 7 to him.
But were taken out in different months, so that means some are worth more than others.
The totals for each 7 are not equal, about $200.00 different.
Do I make up the difference from her cash accounts, or just distribute the bonds as they are?
3 Answers from Attorneys
If they are POD, then you need to distribute the bonds the way they are. POD accounts do not go through the will. They are POD to the named party in the POD regardless of the terms of mom's will.
Distribute them the way they are. Wills cover probated assets. These bonds are non-probated assets and are not affected by the Will.
My collegues are correct. Just give him his 7 and you take your 7. They are not part of the will and are non-probate assets.
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