Legal Question in Wills and Trusts in Nevada

Does the money in a payable on death account legally have to be split with the beneficiaries as per the will? My mother passed away last year and left a payable on death account to my sister, the executor of the estate. The Will states that all assets be split evenly amongst the beneficiaries. My sister has decided that the payable on death account my mother entrusted to her is not part of the estate and that she has every right to keep that money out of probate and for herself. Do I have a legal right to sue the executor for my portion of that money?

Asked on 10/15/13, 4:35 pm

2 Answers from Attorneys

Joel Selik

No. The payable on death account, belongs to the named beneficiary on the payable on death account.

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Answered on 10/15/13, 4:37 pm
Paul Malikowski Malikowski Law Offices, Ltd.

The point of a payable on death account is to avoid probate administration of the asset and obviate the need for a testamentary disposition of it in a Will or Trust. Your attorney can explain further.

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Answered on 10/15/13, 5:26 pm

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