What is the name of your state? New York
I wasn't sure if to create new thread or to continue original thread (https://forum.freeadvice.com/threads/does-my-father-have-a-claim-to-dead-moms-accounts-even-though-she-listed-me-as-beneficiary-and-pod.664168/#post-3803250)
I informed Treasury of my Mom's death and sent the paperwork they asked for since I am listed as POD.
When I search google, it says that Widower cannot have claim to POD account in New York State (because it is not community property state)
1. https://www.investopedia.com/terms/p/payableondeath.asp
2. https://www.findlaw.com/forms/resources/estate-planning/payable-on-death-beneficiary-for-accounts.html
However when I spoke to several attorney offices I get differing answers. Why is there a discrepancy? What is the actual law? Please help!
1. one paralegal said deceased spouse (my abusive father) cannot have claim on POD account where my Mom was the sole owner and I am the sole POD
2. another paralegal said she was not sure about POD accounts, but if that pos does not know about the POD account, he cannot make claim
3. one lawyer said widowers can make claim on POD account, but because this is Treasury, ie. Federal, maybe he cannot make claim. She said she would research and get back to me (she never did )
4. one paralegal said he will find out about the POD Treasury accounts because lawyer can subpoena my Mom's accounts, even if they are closed after her death.
I wasn't sure if to create new thread or to continue original thread (https://forum.freeadvice.com/threads/does-my-father-have-a-claim-to-dead-moms-accounts-even-though-she-listed-me-as-beneficiary-and-pod.664168/#post-3803250)
I informed Treasury of my Mom's death and sent the paperwork they asked for since I am listed as POD.
When I search google, it says that Widower cannot have claim to POD account in New York State (because it is not community property state)
1. https://www.investopedia.com/terms/p/payableondeath.asp
2. https://www.findlaw.com/forms/resources/estate-planning/payable-on-death-beneficiary-for-accounts.html
However when I spoke to several attorney offices I get differing answers. Why is there a discrepancy? What is the actual law? Please help!
1. one paralegal said deceased spouse (my abusive father) cannot have claim on POD account where my Mom was the sole owner and I am the sole POD
2. another paralegal said she was not sure about POD accounts, but if that pos does not know about the POD account, he cannot make claim
3. one lawyer said widowers can make claim on POD account, but because this is Treasury, ie. Federal, maybe he cannot make claim. She said she would research and get back to me (she never did )
4. one paralegal said he will find out about the POD Treasury accounts because lawyer can subpoena my Mom's accounts, even if they are closed after her death.
