PAYABLE-ON-DEATH
AN EASY TOOL FOR AVOIDING PROBATE
Payable-on-death, or POD for short, might make a great
name for your teenage child's favorite rap/rock band. It
also is the name of a simple and inexpensive technique for
passing on certain financial assets to heirs without going
through probate.
POD-sometimes called a Totten trust-is a feature that allows
you to name beneficiaries to accounts that otherwise
wouldn't have beneficiaries. Retirement accounts, annuities
and life insurance policies, for example, normally have
beneficiaries named as part of the arrangement. However,
bank checking or savings accounts normally don't have named
beneficiaries. Most joint bank accounts have "right of
survivorship," which means the surviving party (such as a
spouse) automatically becomes sole owner upon the death of
the other party. However, when the sole owner dies, any
money in the accounts goes into the owner's estate, which in
turn goes through probate. Probate takes time, is in the
public record and costs money, and other strategies for
avoiding probate, such as a living trust, might be excessive
for your circumstances.
That's where the payable-on-death feature comes in. You fill
out a form naming a beneficiary to the account, whether the
account is solely owned or jointly owned. When the sole
owner or the surviving owner dies, any money remaining in
the account goes directly to the designated beneficiary (or
beneficiaries if that's allowed) without going through
probate. All the heirs have to do is show proof of identity
and proof of the owner's death. Thus, a POD account saves
time and money.
A second feature of payable-on-death accounts is that the
beneficiary (and the beneficiary's creditors) has no access
to the account until the death of the owner(s). The owner
can change the beneficiary without notice or spend the
account's assets without permission from the beneficiary. An
example might be a father and son. In a jointly held
checking account, the son could write checks on the account
along with the father, and the son's creditors could attack
the funds. In a POD account, the son (and creditors) can't
touch the money until the father dies.
Payable-on-death accounts can be used for many types of
accounts: bank savings and checking, savings and loan
accounts, credit union accounts, certificates of deposit,
Treasury securities and savings bonds. The FDIC (Federal
Deposit Insurance Corporation) amended the deposit insurance
rules in 1999 so that more beneficiaries can be named to
insured POD accounts. Previously, only spouses, children and
grandchildren could be named. Now parents and siblings can
be POD beneficiaries.
You also may be able to name beneficiaries for a brokerage
account holding stocks or mutual funds. This typically is
called a transfer-on-death (TOD) account. Not all states or
brokerages allow this, so you'll need to check with state
law and your brokerage firm. Even if your state doesn't
allow it, you may be able to set one up if the firm is based
in a state that allows TODs
You can't use a POD or TOD for real estate. Also keep in
mind that PODs, like living trusts, only avoid probate, not
estate taxes. The beneficiary will have to pay for any
estate taxes due on the assets if the estate doesn't pay the
bill, and in states with estate taxes the POD beneficiary
may not be able to get the money until the estate tax bill
is paid.
Most financial institutions charge no fee, though they may
limit the number of beneficiaries, for payable on death
accounts. Fees can be more common with transfer on death
accounts.
As easy to set up as POD and TOD accounts are, they are not
right for everyone. In some cases, trusts may be more
appropriate. For one thing, the proper trusts provide
greater flexibility and control after death. You also have
more flexibility naming beneficiaries. Some POD accounts
don't allow you to name more than one beneficiary. And you
may not want minor children named as POD or TOD
beneficiaries because the courts may require a guardian to
supervise.
POD and TOD accounts aren't for every circumstance. If you
do use them, be sure to coordinate them with your estate
plan. If your will says everything in your estate goes to
your children, but your POD account names your sister as
beneficiary, the POD account goes to your sister.
This article was produced by the Consumer Affairs Dept. of
The Financial Planning Association and provided to you
courtesy of Nigel B. Taylor, CFP, Santa Monica, California.
If you have any questions or concerns regarding this, or any
other financial topic and are a resident of Southern
California, please call me at 1-800-444-2237 (California
residents only please), or click on the "MORE INFO" button
to arrange for a free initial consultation in the comfort of
your home or office.
 
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