Most people assume that everything will be divided equitably when going through a will after a loved one dies. That plan, however, may be altered by assets such as payable-on-death (POD) designations and joint bank accounts. These tools circumvent the probate process completely in Georgia by transferring funds straight to a designated individual. This frequently causes major legal disputes and surprises other heirs.
How Joint Accounts Can Cause Family Conflicts
To assist with bill payment, many parents link a child or close relative to a bank account. Although they consider it a “convenience,” a joint account normally transfers automatically to the surviving co-owner upon death in accordance with Georgia Code § 7-1-813.
This can leave other family members feeling cheated. They might argue that the added person took advantage of the situation (undue influence) or that the parent did not intend to make a true gift. Key pieces of evidence in these disputes include old bank records, account signatures, and even casual notes.
Using POD Accounts to Get Around the Will
The purpose of a POD account is to pay a designated beneficiary directly upon death. Probate is not required because the bank complies with the form. Georgia Code § 7-1-812 states that a POD designation takes precedence over a will.
As a result, if a person names one child on a POD form but their will specifies to “equally divide everything,” that child still receives the entire account balance. This may give rise to allegations that the deceased was under duress or did not fully comprehend what they were signing.
The Reasons Behind These Court Cases
One question dominates most disputes: What was the decedent’s true intention? Family members may quarrel about fairness, caregiving responsibilities, or promises. As long as they adhere to the signed documents, banks typically stay out of it, leaving heirs to battle it out in court.
Let Us Assist You in Finding the Answers
We at The Williams Litigation Group are aware of how emotionally taxing and intensely personal these cases can be. We assist heirs throughout Georgia in assembling account documentation, determining genuine intent, and advocating for equitable treatment. Give us a call at 866-214-7036 if you have any questions concerning a joint account or POD asset. We are prepared to support you in asserting your rights and providing clarity in a trying circumstance.