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Sued for money, I was pod

Discussion in 'Estate Administration & Probate Court' started by Loreli, Feb 13, 2021.

  1. Loreli

    Loreli Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    Being threatened with lawsuit. I was pod on step dads account. Will itemized who gets what. Says myself and 1 other split remains of estate.
    Can they sue me?
     
  2. army judge

    army judge Super Moderator

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    Anyone can sue anyone for any reason.

    People sue relatives and friends everyday all over this nation because someone was supposed to receive $XXX and got $XX.

    No need to worry over being sued, or even if you are sued.

    Just because a person is arrested for a crime doesn't mean he/she will be convicted.

    Just sit back, listen to some of your favorite tunes, and enjoy the ride.

    None of us can stop what's going to happen to us, so be happy anyway.
     
    justblue likes this.
  3. justblue

    justblue Well-Known Member

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    Based on the nonsensical opening post? Who knows.
     
    Redemptionman likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    Threatened by who?

    Lawsuit for what?

    Then that money is all yours. Nobody can touch it.

    Has the will be probated? Have creditors all been paid from any assets that the estate has?

    Of course. Anybody can sue anybody for anything.

    Provide some coherent details and you might get some helpful comments.
     
    army judge likes this.
  5. Loreli

    Loreli Law Topic Starter New Member

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    My step dad put me as beneficiary on bank accounts
    Nephews got boat, fishing stuff personnal items, etc.
    My sister received rv and jeep. Clothes to be donated specified place, his mounted trophy fish to be give designated wildlife are.
    I was named as PR.
    I have carried out all his wishes, however now nephew says he gets half of money in account.
    I was going to give him some money, just wanted signed document saying I delivered goods mentioned in will. He will not sign.
    Will says after debts, etc
    Estate to be divided equally between myself and nephew
    Land is in play also
    Can they sue me for money that was left to me as POD?
    No probate, small inheritance affidavit, will written in arizona where stepvdad lived.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    A POD account is not part of the estate. It belongs to the beneficiary listed on the account immediately upon the death of the account holder, nobody else.

    You can read the Arizona statutes about POD accounts. Scroll down to Article 2 Accounts:

    2019 Arizona Revised Statutes :: Title 14 - Trusts, Estates and Protective Proceedings

    You don't need to give the nephew a nickel.

    Obviously, the nephew CAN sue you. He just isn't going to win, though a lawsuit can be annoying and possibly expensive to defend if it's in a higher court than small claims.

    How much money (dollars) does he want? How much are you offering?

    As for him signing for the delivery of personal property, presumably you have some sort of documentation of delivery. An inventory, photos, witnesses, etc? His signature isn't necessary.
     
  7. Tax Counsel

    Tax Counsel Well-Known Member

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    And what reason does he give for being entitled to half of it?
     
  8. Loreli

    Loreli Law Topic Starter New Member

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    The will states the himself and I share rest of estate after everything paid and given to persons listed. However, the POD is not part of the estate, correct?
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Correct.
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    Then he's out of luck. You are correct that POD beneficiary accounts are not part of the probate estate and the will has no effect whatsoever on assets not in the probate estate.
     

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