My mother passed in September and my sister had a POD on her account can me and my other 3 siblings take this to surrogate court?
2 Answers from Attorneys
The POD will prevail over any wills or other estate planning documents. The POD avoids the account having to go through probate. Your sister will be the rightful owner of the account funds.
While it is true that the POD prevails there is no reason that you cannot challenge the funds in a court suit. Was there a Will - and/or a Trust. Was the amount significant? Who took care of your mother. Can you place a lien of the assets of the estate for payment? I believe I would at least speak to an attorney about the matter before just letting it go.