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#1308847 - 12/17/09 10:47 PM Sole Member LLC & Beneficiaries
KerryVBC Offline
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KerryVBC
Joined: Oct 2007
Posts: 151
Colorado
Can a sole member LLC account that is titled under the business "My Business LLC" and is using a TIN (it is not a disregarded entity, according to the customer) name a Pay on Death beneficiary?
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#1308887 - 12/17/09 11:43 PM Re: Sole Member LLC & Beneficiaries KerryVBC
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
It will depend on State law, but normally no. It would be up to the estate to handle.
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#1308891 - 12/17/09 11:51 PM Re: Sole Member LLC & Beneficiaries rlcarey
KerryVBC Offline
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KerryVBC
Joined: Oct 2007
Posts: 151
Colorado
Those were my thoughts exactly. Thanks.
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Opinions expressed are my own.

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#1310120 - 12/21/09 03:54 PM Re: Sole Member LLC & Beneficiaries KerryVBC
mac27 Offline
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Joined: Jan 2009
Posts: 11
NH
We had a similar situation where an entity wished to name a POD and our attorney said no as the entity (the LLC)is not a natural person and can't "die" so legally there would be no situation where the POD would come into play. I am not sure if this is a state issue or not - we are in NH.

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#1310259 - 12/21/09 05:22 PM Re: Sole Member LLC & Beneficiaries mac27
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
The LLC should have provisions on ownership and what happens if the sole owner dies. But I agree, there can't be a POD designation on the account. Such things are for natural persons only.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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