A Florida TOD account is supposed to transfer the account, typically a bank or financial account, to the surviving owner. If transfer on death is so “easy”, why are so many family members and executors having a probate dispute over them? The owners are generally those whose names appear on the account title. That’s why probate litigation law firms issue subpoenas under Florida Rule of Civil Procedure 1.350 to attempt to obtain complete bank records. But, it is possible that the named beneficiary of the account does NOT inherit. To learn how a transfer on death account for a Florida bank account can go to probate or the estate, read on. What is a Florida Convenience Account? A Florida Convenience account is one of those things that is not what it says it is, jokes John Pankauski, Managing Partner of Pankauski Lazarus PLLC, an expert probate litigation law firm. And Pankauski should know. After all, unlike most “probate” lawyers, he has actually won bank account trials and also handles TOD and pay on death appeals. You can read more about convenience accounts at Fla. Stat. 655.80, which can cause a probate court to ignore the survivorship feature of the Florida TOD account, and give it to the estate, where it can be subject to creditors and expenses of administration. (See Fla. Stat. 733.707 for the schedule of payment of expenses of administration and creditors claims, including attorneys fees). Florida TOD Bank Account Trials “Be cautious” warns Pankauski, about challenging an […]

What does TOD mean to heirs, family members and Florida probate beneficiaries? Transfer on death accounts are a way that Florida residents pass millions & millions of dollars, automatically, without probate. Sometimes ! We have previously written about this pay on death will-substitute and posted a number of Free TOD and Pay on Death Videos . Hopefully those help you understand beneficiary rights and inheritance rights for such Florida accounts. In short, TOD means “transfer on death” and generally gives the other name on the bank account 100% ownership when the other (or first) owner dies. Something so easy has never created more lawsuits about Florida bank accounts, both in federal and state court. If you think you are entitled to a bank account, consider reading three things that will tell you (almost !) all you want to know about these accounts. Everything You Want to Know About TOD Bank Accounts in Florida To learn all about such accounts in Florida, consider reading three things. First read the Florida TOD Law which tells you about pay on death accounts and bank accounts when there are two or more names. You may also hear the term “totten trust” or “POD” or pay-on-death. That’s Florida Statutes 655.78- 655.825. Second, there are two good appellate opinions from Florida’s appeals courts which will tell you a lot. Consider reading Keul v. Hodges Blvd Presbyterian Church, a 2015 Florida appeals court case from Florida’s First District Court of Appeal. Finally, consider reading the case of […]