Legal Question in Wills and Trusts in Maryland

If I am the POA for an individual, and all of their checking savings and money market accounts all have designated POD names on them, how will I be able to use funds in those accounts to settle any final bills at the time of death? I am in Maryland.


Asked on 4/26/13, 12:35 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

This question may involve other details that would need to be known in order to provide a response. I am available represent you as the personal representative with probating the estate. Probating an estate typically involves several steps, requirements and forms. If you are referring to a power of attorney then those powers are no longer effective as they cease to exist upon the death of the person who granted the powers.

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Answered on 4/26/13, 3:33 pm
Cedulie Laumann Arden Law Firm, LLC

The short answer is POD accounts do not become a part of the decedent's probate estate. Instead, they go directly to the named beneficiary.

As the other attorney's answer noted, a POA ceases at death and one must petition for appointment as personal representative to get power to handle any assets titled in the decedent's name at their death.

While I hope this general information helps, it doesn't substitute for legal advice on the specifics of your situation.

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Answered on 4/29/13, 5:58 am


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