Were you supposed to inherit a Florida TOD account from a bank or financial company? Is the probate executor making a claim to your Florida TOD account? This recent federal case on Florida TOD accounts may prove helpful to understanding your rights. If you still have questions, be sure to find a litigation law firm that has experience trying TOD and pay on death cases, as well as handling TOD appeals. Federal Case Sheds Light on Florida TOD Accounts + Federal Court While most Florida probate lawyers only practice in state court, there are some expert probate litigators who also handle federal court cases in Florida. Just ask John Pankauski, Managing Member of the boutique firm Pankauski Lazarus PLLC. “We have a federal court trial in March of 2021 in the Middle District of Florida . 2020 was very busy for us in Federal Court in Florida. We had a few matters in the USDC Southern District of Florida.” Pankauski should know. After all, TOD accounts and pay on death bank accounts are a unique area of the law. “Look out for so called ‘probate’ lawyers who say they go to court, but who actually never try a case” warns Pankauski. “Don’t get me wrong. Mediation and settlement may make a lot of sense, but they are not for everyone.” he continues. “There are a lot of Florida probate lawyers who just want you to settle everything.” Well, needless to say, that’s not him. Florida TOD Accounts + Federal Court […]

Billion$ in “TOD” Florida Bank Accounts What does “TOD” mean on a bank account?  We have previously written about TOD accounts and Florida POD accounts. Now, let’s update this important Florida probate topic by giving you a link to two important Florida statutes + also a 2105 Florida probate opinion you can read for free. Here is the link to previous Florida TOD commentary: https://www.pankauskilawfirm.com/blog/avoid-probate-in-west-palm-beach-through-trusts-life-insurance-and-other-non-probate-assets-learn-how/ Transfer on death typically means that the named individual on the bank account inherits it automatically, by operation of law, when the other co owner dies.  Securities such as stocks and bonds and interests in Florida LLCs may be the subject of transfer on death ownership.  Florida Transfer on Death Security Registration Act TOD Law in Florida A 2015 Florida probate case about TOD accounts and pay on death accounts sheds like on these “will substitutes.”  2015 Florida TOD Probate Case  When someone dies all his or her assets don’t necessarily go to the same place!  And sometimes special bank accounts do not need to be probated. The good news is that Florida has TOD laws and Pay On Death Statutes which you can read for free.  Florida Statutes on TOD and Pay on Death Accounts Do not just assume the probate property is the extent of your relative’s estate. Now more than ever, people are setting up bank accounts and investment accounts with a “designation of beneficiary” to transfer on death (TOD). The beneficiary is the person to whom the asset will transfer after the […]