I have a client who has been using his mother’s checking account to pay his mother’s bills.  He is named as the beneficiary on the account. His question is whether his mother’s creditors would have a claim against the funds in the account once she died since they were supposed to pass on her death to him. He’s thinking it would have been better to simply not pay the bills and let the creditors try to get the funds. Seems like if you could deny creditors by simply using TOD and POD designations, everyone would do that. Am I missing something? Do creditors lose out if the debtor uses bene. designations on accounts?

Linda M. Toga

The Law Offices of Linda M. Toga, P.C.

P.O. Box 575

Southold, New York 11971

631-444-5605

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