The Palm Beach Post

EARLY VOTING LOCATIONS (AVAILABLE THROUGH AUG. 26)

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Supervisor of Elections Office,

240 S. Military Trail, near West Palm Beach

15801 Orange Blvd., Loxahatche­e

Acreage Branch Library, Belle Glade Branch Library,

725 NW Fourth St., Belle Glade

Boca Raton Downtown Library,

The people running for office in their own words,

myPalmBeac­hPost. com/kyc

400 NW Second

Ave., Boca Raton

Ocean Ave., Boynton Beach

■ 11303 Campus Drive, Palm Beach Gardens

14350 Hagen Ranch Road, west of Delray Beach

Military Trail, Jupiter

Boynton Beach Civic Center, Gardens Branch Library, Hagen Ranch Road Branch Library, Jupiter Community Center,

128 E.

200

4020 Lantana Road, Lantana

Lantana Branch Library, Palm Beach County Convention Center,

650 Okeechobee Blvd., West Palm Beach

South County Civic Center,

16700 Jog Road, Delray Beach

■ South Florida Fairground­s, 9067 Southern Blvd., west of West Palm Beach

Fern Drive, Wellington

Wellington Branch Library,

1951 Royal

Wells Recreation and Community Center, West Boca Branch Library,

2409 Avenue H W., Riviera Beach ■ 18685 State Road 7 (U.S. 441), Boca Raton

Question: Probate avoidance was the topic of a recent column you wrote. You advised against using joint accounts and referred to “better options.” Would one such opti onbeaccoun­tsproperly designated as “payableon-death” or “transfer-ondeath” by the depository financial institutio­n? I have never seen this simple and easy option discussed as a possible alternativ­e to putting such assets in a trust.

Answer: Payable-ondeath (POD) and transferon-death (TOD) accounts can avoid probate in some instances, but they are not foolproof. These accounts can still end up in probate under certain circumstan­ces, as well as present other complicati­ons. This week I’ll talk about the complicati­ons that may arise if a POD or TOD beneficiar­y predecease­s you.

Most financial institutio­ns no longer permit a “per stirpes” designatio­n (authorizin­g a deceased beneficiar­y’sshareto g oto the beneficiar­y’s children). This protects the institutio­n from liability if it fails to properly distribute the funds to a deceased beneficiar­y’s children, which might happen if the institutio­n does not know of their existence, can’t locate them, etc.

Every financial institutio­n has its own policy for handling the account if one or more beneficiar­ies has predecease­d the account holder. Some institutio­ns will distribute the money equally among the other beneficiar­ies, which means the deceased beneficiar­y’s children will get nothing. Other institutio­ns will make the deceased beneficiar­y’s share payable to the account holder’s estate — so the account will end up in probate anyway.

I urge readers with POD or TOD accounts to find out what their financial institutio­n’s policy is, then evaluate how it will impact your beneficiar­ies. (Also check up on the policies of the custodians of your 401(k) and IRA.) For the typical account holder who plans on naming children as beneficiar­ies, POD and TOD accounts present risks that make establishi­ng a trust a better probate-avoidance tool.

I’ll expand on this topic in next week’s column.

Joseph Karp, a member of the Florida and New York Bars, is a Nationally and Florida Bar Certified Elder Law Attorney and founder of The Karp Law Firm, located in Palm Beac ha nd St. Lucie counties. The firm assists clients with wills, trusts, Medicaid and VA benefits planning, special needs planning, asset preservati­on, probate/trust administra­tion and estate litigation.

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