Carroll County, GA Estate Planning Law Firms & Lawyers

If you are named as the POD beneficiary on your father's bank account, that account became yours at his death and did not become part of his estate. It's not even your responsibility to use it to pay estate related expenses or expenses related to his death: it's your money, not his. His probate estate assets are supposed to be used to pay for expenses relating to his death, his debts, and similar items. If your father was receiving nursing home Medicaid benefits before his death, there may be some ability for the state to come after the funds from the POD account, under an estate recovery program, because in Georgia the concept of estate recovery is being applied to assets other than strictly probate estate assets. And if he had income tax or other tax liens, then you may have some potential liability to turn over the assets to the tax department. But in general, as stated above, assets from a POD account which came to you under the POD designation are yours, and are not subject to paying estate debts or expenses.  

Are you the personal representative, or is your brother? The PR has to account annually, sending the account to the court and to the devisees. The account should say what is happening with the house.

Generally, minor settlements in Ohio have to be approved by the Probate Court. Many Courts will require any significant money be placed into either a structured settlement and/or a custodial account fro your child. This will protect the money for him/her. A custodial account may also allow access to some of the funds for certain Court approved purchases, such as necessary school supplies.