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traysrus Asked July 2013
All mothers' accounts have PODs (payable on death). As executor, where would the money to pay her final bills come from?
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Should I have her list me a co-owner of her main checking account?
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orangeblossom Jul 2013
Dear Trays: I can only tell you what I know from my personal experience. I am the POD&POA on my mother's checking account, so I can sign checks and pay bills anytime. You are probably aware that while she is living her money can only be spent for her own bills and personal needs. If you are your Mom's POA, it is probably a good idea to have the account registration changed to show your name as POA and co-signer (independent of who is named as the POD payee) so that you can take care of her financial obligations when the time comes that she can longer take care of her own bills. I am not sure if your Mom has to authorize the change or if you can do it yourself at this point. The bank may not acccept your POA if you walk in cold. On this site, under the Money and Legal tab, there are many sections that contain very good education and advice on these matters. The lawyer that drew up the Will naming you as Executor is also an important resource for advice. To the best of my understanding, when your Mom passes, whatever monies are available to you from her assets will need to be used to pay her debts, such as life insurance proceeds (assuming you are beneficiary), financial investments, social security death benefit. A friend of mine was the POA and executor of his mother's estate, and when she passed, her individual bank account was closed and re-opened as the "Estate of Mom's name, Son's name, Executor" All monies he recovered from sale of her personal property, real property and assets (unless he was the personal beneficiary) went into that account - including house sale proceeds until all debts were paid. There was a period of time before the bank account had sufficient funds, that he laid out his own money when necessary (later reimbursed by the Estate). It was necessary to keep accurate records of all transactions. After the estate was settled and all the various beneficiary assignments and conditions of the will were carried out, and he rembursed himself, I believe he was then able to keep whatever was left over, which I believe he then divided with his brother.
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Whitney Jul 2013
I am not sure, but I think money can be taken out (by the executor) of the POD accounts only to pay final bills, etc. Whatever money is left after paying final expenses, goes to the beneficieries. I would assume it has to be taken out in equal amounts from the accounts to pay final bills, but I am not sure.
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akdaughter Jul 2013
My bank told me that they must distribute all POD money directly to the beneficiaries listed on the account as of the date of death. As POA and executor for my mother, I keep one account just in her name with no POD so that there will be money to pay her final expenses.
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