I am so sorry for your loss.  If the owner of the CD died and the POD beneficiary was still living at the time, it passed to the POD owner automatically at the time of the owner's death.  I am assuming the owner was your Mother and the POD was your brother.  IF, then, your brother passed away after, the CD would be a part of his estate, and the funds would pass through his Will or the intestacy statute if he hd none. So I think that the attorney mis-spoke the first time and corrected himself or herself after.  I think that the Brother's children get it all.  Good luck.