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Lien on POD Trust?

Can a mortgage company put a lien on a POD trust?


If you are referring to a deposit account set up in the form "John Jones, trustee for Samantha Jones" as a Totten trust which will become transferred as a matter of law to Samantha Jones at the death of John Jones, the account is legally the property of John Jones and the beneficiary designation is revocable. In such a case, a creditor of John Jones could attach his interest in the account, but a creditor of Samantha Jones could not (because she doesn't get a legal interest in the account unless the account is still designated for her benefit when John Jones dies).

Published on BankingQuestions.com 12/08/10