(Warning: Typos Intact, Not Legal Advice)

Bank removed me as beneficiary. What is my recourse?

I am the beneficiary on all of my uncles accounts. On his checking account, however I activated his request for me to became the power of attorney so I can help him pay his bills. He recently passed and when I went to the bank They told me that when they added me as power of attorney they removed me as beneficiary. Now I have to go to probate! My uncle’s wishes were to have me as beneficiary so we would avoid probate ! What is my recourse? The bank also is claiming that I can’t be both a power of attorney and a beneficiary. I believe this is untrue as well. Thanks.

Answer: You may have limited recourse if you were removed as a beneficiary while acting as attorney-in-fact, which is inconsistent with being a co-owner of the account. The designation of beneficiary is what will govern the distribution of the account after death.

If it can be proven that the change in designation was merely a clerical error by the bank, you might have a case to contest it. However, proving this would require going to court. If you are a beneficiary of your uncle’s estate and would receive all the property anyway, there may be no straightforward way to avoid court to establish your ownership of the property.