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#1000818 - 07/21/08 06:49 PM Doing Business As
GorgeS Offline
100 Club
Joined: Apr 2004
Posts: 203
If we have a customer who styles there account as such:
John Doe, DBA John's Radiator Shop. Can that type of account designate a POD beneficiary in case of John Doe death? Thanks

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#1001017 - 07/21/08 08:39 PM Re: Doing Business As GorgeS
smash Offline
Gold Star
Joined: May 2004
Posts: 331
Texas
In the state of Texas, you can legally have a POD on a sole proprietorship account because the account is nothing more than a personal account for a person who happens to be doing business under a fictitious name. HOWEVER, it is not advisable to do so. Consider this if you did name a POD...at the time of the owner's death, the funds in the account would belong to the POD beneficiary. On the other hand, any checks made payable to the business that came in after the date of death would belong to the beneficiaries of the estate named in the will or to the heirs if there was no will. The POD may or may not be an heir. The problem arises when you allow those checks arriving after the death to be deposited to the POD account and the heirs suing you for the amount of those checks.

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#1001064 - 07/21/08 08:57 PM Re: Doing Business As smash
Ray_ Offline
Platinum Poster
Joined: Aug 2006
Posts: 879
Dallas, TX

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#1001088 - 07/21/08 09:18 PM Re: Doing Business As Ray_
smash Offline
Gold Star
Joined: May 2004
Posts: 331
Texas
My response comes directly from a Texas attorney. Unfortunately, Ms. Guard resides on the wrong side of the River. I can say that because I am married to someone who comes from the other side of the River also. To her credit though, she did say to check state law and case law.

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