While some assets may pass without going through probate, it does not mean that the assets cannot be challenged. In Georgia, bank accounts payable on death (POD) and brokerage accounts transfer on death (TOD) are common non-probate assets, which, once the designations are made, are non-probate unless contested.

However, when the circumstances surrounding the creation of these designations seem questionable, particularly when the designation seems to favor a nonfamily member after having dealt with the family for many years, they can and will be challenged.

When a Simple Account Becomes a Legal Problem

Non-probate accounts are governed by contract law, not wills. A POD bank account goes straight to the named payee; a TOD brokerage account transfers automatically to the beneficiary on file.

Georgia banks and brokerages are generally protected once they follow those instructions. That means any dispute over who should have inherited must be brought against the recipient, not the institution.

This becomes critical when someone close to the deceased, often a caregiver or distant relative, convinces them to change the beneficiary designation late in life.

Undue Influence and Constructive Trust

Georgia law allows you to challenge these transfers under two main theories:

  • Undue influence occurs when someone exerts pressure strong enough to override the deceased’s own judgment. If the person receiving the account was in a position of power or control, helped arrange the transfer, and wasn’t a natural heir, a court may presume undue influence.
  • Constructive trust is an equitable remedy that forces someone to return property they obtained through improper means. Even if the account has already been paid out, a judge can order the recipient to return the funds.

Deadlines, Strategies, and What to Do First

In some cases, Georgia law sets a firm window for action. For example, TOD deeds on real estate now require the beneficiary to file an affidavit within nine months or risk losing the transfer entirely. With other accounts, the clock may be tolled if there was fraud or concealment involved.

Talk to a Legal Team That Knows These Disputes

At The Williams Litigation Group, we focus on high-stakes estate conflicts, including challenges to TOD/POD designations. If you believe a non-probate transfer in Georgia was the result of undue influence or fraud, call us at 866-214-7036 to discuss your options.