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#1779210 - 01/23/13 09:09 PM Revocable Living Trust as POD
osoalone Offline
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Joined: Dec 2003
Posts: 146
Texas
Can a revocable living trust be used as POD on a joint checking account?

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#1779285 - 01/23/13 10:29 PM Re: Revocable Living Trust as POD osoalone
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
I think it would need to be accomplished through the will.

"P.O.D. payee" means a person or charitable organization designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons.

Plus, if this is the customer's revocable trust, it would no longer be revocable at the time of death.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1779552 - 01/24/13 06:44 PM Re: Revocable Living Trust as POD osoalone
osoalone Offline
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Joined: Dec 2003
Posts: 146
Texas
Thanks rlcarey! An attorney presented this to our bank on behalf of one of our customers. We've never had this request before.

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#1779581 - 01/24/13 07:28 PM Re: Revocable Living Trust as POD osoalone
The OG Zaibatsu Offline
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The OG Zaibatsu
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Posts: 1,714
Texas
Contents of this post removed at the request of the user.
Last edited by John Burnett; 01/25/13 07:15 PM. Reason: per request
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#1779723 - 01/24/13 10:46 PM Re: Revocable Living Trust as POD osoalone
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Z - Do you think a trust falls within this definition "P.O.D. payee" means a person or charitable organization" which is spelled out in the Probate Code Section 436. I just went through this and I thought if you wanted to designate a deposit account or other assets into a trust at death, you could not do it through a nontestamentary transfer.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1779930 - 01/25/13 05:22 PM Re: Revocable Living Trust as POD osoalone
The OG Zaibatsu Offline
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The OG Zaibatsu
Joined: Dec 2007
Posts: 1,714
Texas
Randy and osoalone - This has generated a bit of discussion, but I now agree with Randy. Don't do it. It might be possible, but it would be too difficult to leave to a new accounts person...and might be considered practicing law to help the accountholder do it.

Banks need a policy that says they only do PODs to individuals, corporations, and charities...then let the accountholder dictate how they name their POD. Don't offer advice.

Randy--Can we delete my post above? I still think it could be done, but there are too many questions, it is too difficult to think about new accounts people doing this, and I'm concerned that courts might invalidate it in some instances.
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Only two things that money can't buy, that's true love & homegrown tomatoes

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#1780000 - 01/25/13 07:13 PM Re: Revocable Living Trust as POD osoalone
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
I can't but I contacted a moderator and made the request.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#1780001 - 01/25/13 07:17 PM Re: Revocable Living Trust as POD osoalone
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Glad to assist.
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BankersOnline.com
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#1782082 - 02/01/13 04:05 PM Re: Revocable Living Trust as POD John Burnett
osoalone Offline
100 Club
Joined: Dec 2003
Posts: 146
Texas
I appreciate all of your input. The customers are currently in the bank. I've made my recommendation to management that we not style the account as POD Revocable Living Trust based on the Texas Probate Code's definition of a POD.

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