Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#2201480 - 12/26/18 07:04 PM Rights of Set Off - Deceased Customer w/POD
Likes to Comply Offline
Diamond Poster
Joined: Nov 2008
Posts: 1,109
In the mountains
If a customer who has a deposit account with a POD dies, can the monthly payments on the deceased customer's loan be set off against the deposit account or does that money cease to belong to the deceased customer and now belongs to the person named as POD?

Thanks in advance.
_________________________
Always learning something new...

Return to Top
Operations Compliance
#2201483 - 12/26/18 07:30 PM Re: Rights of Set Off - Deceased Customer w/POD Likes to Comply
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
You are going to have to look at State law.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2201535 - 12/27/18 06:24 PM Re: Rights of Set Off - Deceased Customer w/POD Likes to Comply
praBSA Offline
Gold Star
Joined: Aug 2018
Posts: 348
This is a state law issue so consult with an attorney.

In most states, including my own, immediately upon death that money belongs to the beneficiary of the totten trust. Therefore, that money should NOT be used to offset the deceased's loan as it no longer belongs to the deceased. You would owe a liability to the beneficiary or estate of the deceased based on how the account was setup/opened.

Return to Top
#2201551 - 12/27/18 07:06 PM Re: Rights of Set Off - Deceased Customer w/POD Likes to Comply
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
Texas is the opposite smile
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2201571 - 12/27/18 08:28 PM Re: Rights of Set Off - Deceased Customer w/POD Likes to Comply
praBSA Offline
Gold Star
Joined: Aug 2018
Posts: 348
Which is exactly why this is a state law issue smile

Return to Top

Moderator:  Andy_Z, John Burnett