Define: Pay-On-Death Account

Pay-On-Death Account
Pay-On-Death Account
Quick Summary of Pay-On-Death Account

A pay-on-death account is a type of bank account in which the account owner designates a beneficiary to receive the funds upon their death. However, the chosen beneficiary does not have access to the funds while the account owner is alive. This distinguishes it from a joint account, where both account holders have equal access to the funds.

Full Definition Of Pay-On-Death Account

A pay-on-death account is a bank account where the owner specifies that the balance should be given to a beneficiary upon their death. Unlike a joint-and-survivorship account, the beneficiary does not have access to the funds while the owner is alive. For example, John has a pay-on-death account and has named his daughter, Sarah, as the beneficiary. If John passes away, the bank will give the account’s balance to Sarah without going through probate. This type of account is useful for ensuring that assets go directly to a specific person without the need for probate. It’s important to keep the beneficiary designation up to date to ensure the intended person receives the funds.

Pay-On-Death Account FAQ'S

A Pay-On-Death Account is a type of bank account that allows the account holder to designate a beneficiary who will receive the funds in the account upon the account holder’s death.

The account holder designates a beneficiary when opening the account or at any time during the account’s existence. Upon the account holder’s death, the funds in the account are transferred to the designated beneficiary without going through probate.

The account holder can name any individual or organisation as the beneficiary of a Pay-On-Death Account.

Yes, the account holder can change the beneficiary of a Pay-On-Death Account at any time.

If the beneficiary of a Pay-On-Death Account dies before the account holder, the account holder can name a new beneficiary or the funds will be distributed according to the account holder’s will or state law.

No, creditors cannot access funds in a Pay-On-Death Account. The funds are only available to the designated beneficiary upon the account holder’s death.

A Pay-On-Death Account is not subject to estate taxes because the funds are transferred directly to the beneficiary without going through probate.

A Pay-On-Death Account can be contested if there is evidence of fraud, undue influence, or lack of capacity on the part of the account holder when designating the beneficiary.

Yes, the funds in a Pay-On-Death Account can be used to pay for funeral expenses if the beneficiary agrees to use the funds for that purpose.

No, a Pay-On-Death Account is not a substitute for a will. It only designates who will receive the funds in the account upon the account holder’s death. A will is necessary to distribute all other assets and property.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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