If my name is on mom's checking account is her money safe from the courts after she dies?

Question

If my name is on mom's checking account is her money safe from the courts after she dies?

Follow

Share

68 Answers

Most
Helpful Newest
First Oldest
First

1 2 3

POA dies when the person dies. So after death of your Mom (NO) before who Knows

Helpful Answer (0)

Report

what was the name of the condition that caused very bad headaches with a person with Alzheimer's disease? I heard there was a vascular problem above the eyes treated with cortisone.

Helpful Answer (0)

Report

Jeanop, you may be thinking of temporal arteritis but that does not necessarily go with Alzheimer disease. Probably, start a new thread with the medical question.

Heartbroken3, there is not telling what a POA might do or persuade their person to do. If they are really failing as POA going to court to have them removed as POA could make sense, especially if it truly means that mom is getting truly bad care. OTOH, it may be the fact that they think you would do that IF you got disinherited might give them pause and not rocking the boat would be better.

Helpful Answer (0)

Report

For my Dad's checking account, it is set up saying Dad's Name or Dad's Daughter's Name, that way I can write checks and sign them with my name to pay Dad's bills.

I had to take over the billing and had to have all the bills sent to my house, as Dad would think a bill was junk mail.... oh my gosh, all the Pass Due bills that I had found in the recycling bin :P

Helpful Answer (1)

Report

No, the joint account is NOT safe. I can't go into the the specifics, but a joint account, a beneficiary designation, and a Pay on Death designation, can all be reversed by Probate court. If you want money to go to someone, give it to them now and that is the only way you can be sure they will get it. Well, actually, there is something called Advancements on inheritance.....

Helpful Answer (0)

Report

In Maryland, I was on my mother's accounts with her. When she died since the Visa was in her name her credit union cancelled the card. The credit union found out that mom died because SS notified them because of direct deposit. My lawyer told me that all of the money left in the account now belongs to me since I am on the account with her, it was a joint account. I know that it is not my money so I am transferring most of the money into a new trust account in our family name. I am leaving some money in the personal account because of direct payments to the electric and water companies. The money in the trust account will be used to pay any medical bills that come in. When the estate is closed in 1 year anything left will be divided amongst the people noted in the trust according to the trust instructions.

Helpful Answer (0)

Report

Mom is 89 lives with us (son and his wife) she knows she won't be able to care for herself any longer, and she wants to sell her home and live with us for the rest of her life. Will selling of her home effect her Medicare?

Helpful Answer (0)

Report

Lidia, it would not affect Medicare, but it would affect Medicaid. It's important to know which one she is on.

Helpful Answer (1)

Report

Estate Recovery Program Question.

If you live with lets say, a brother or sister and not married, and file taxes separate and one dies, does the other get billed for their time with Medi-Cal?
It doesn't seem fair for a sibling do have to pay up? Would like to know? Live in the same house, but do pretty much everything separate , accept on a couple accounts?

Helpful Answer (0)

Report

Icdou007, You are not responsible for a sibling's Medi-Cal estate recovery.
But if the house is in both names, there could be a lien against the half owned by the sibling.

Helpful Answer (1)

Report

Pamstegma, it is not in both our names, but I would have to do a probate after, could that still effect it?

Helpful Answer (0)

Report

A brother and sister have joint accounts ( JTWROS). If one sibling passes and is in the Medi-cad Estate Recovery Program, does the other one living have to be responsible for their bills in that?

Helpful Answer (0)

Report

Probate for small estate is fairly simple. In NY an estate with less than $30K is just a $1 filing fee at the county courthouse. More than that, get a lawyer to help you.
JTWROS will be changed to survivor's name when the death certificate is presented at the bank. BUT the nursing home can sue for the bill in states that have "filial responsibility" laws.

Helpful Answer (2)

Report

My mother has been co-signing school loans for my brother's children, who is now not paying. He is very forceful, and was her POA, but Mom is not incomp. Me being her POA and have my name now on her house, when she dies what will happen to the house, and will I as POA be responsible for his debt?? He also has loan against house. Where or how do I turn to? She has no money and I've moved her into my house.

Helpful Answer (0)

Report

As POA, you are not usually responsible for the debts of your person, but she is stuck with paying on the loans she co-signed for - which is exactly one should NEVER cosign for anything you cannot pay, of course! - and the lien on the house is probably valid. She might be able to consider bankruptcy, and you may be able to sell the house but the lien would come out of the proceeds. If Mom passes on and there is nothing left in the estate after all that, I do not think they can come after you personally on the school loans since you did not cosign - they could come after her estate though. It sounds like you need a financial advisor or even an attorney to help get things in order and maybe put pressure on brother to pay what he should, plus make sure he does not have an opportunity to get POA back from you; Mom can change it as long as she is not incompetent.

Helpful Answer (1)

Report

I have been on both of my parents checking account since 2007. They both have separate accounts due to my moms Independence. I also am POA over their trust. My father has died recently and my mother has severe dementia requiring 24 / 7 care. I have fought hard to keep her in her own home with a caretaker butt that was before she became so bad. What I don't know is my dad get a reverse mortgage on their home. I was told by a friend who has gone through being a POA and trustee and she told me that since I can withdraw money from the bank and the statement show my name on them that the money actually belongs to me. They did not include her really old car or they're checking account in the trust. I did have to take some money out for funeral expenses Etc and they treated me just like I was my parent. I would like to close out my dad's account and withdraw the money and any extra money my mother has in her account but leave it open for her too receive her SSA deposit. I do worry about her because she is severely not in her right mind. The wheel of my father left everything to my mother and her will left several items in the house of hers two different members of the family with anything left over I guess from selling the house to be split evenly with my brothers and sisters. My question is can I take out the money legally and is it mine like my friend said. My second question is should I close all of the bank account down since I am afraid I can be held accountable. I read somewhere that an insurance payout for life insurance is not taxable. I do need to hold on to the money because at this point she's so out of my mind that she loses any money I give her and is not capable I pay her bills and everything. I have a doctor's letter saying that she is not able to do all those things and needs 24/7 care. A nursing home told me that I could just remove that money since it's mine and that would be necessary because if she had to go to a home they would only allow her to keep $2,000 to qualify and of course they would take her entire SSA check. I live in California and was wondering if anybody could help me with how accurate the advice that has been given to me is. My husband and I are not wealthy he's a custodian and I'm retired so I don't want to be stuck with some hidden expenses.

Helpful Answer (0)

Report

Sorry for the typos since I was using my dragon to do the typing and I didn't catch it but the wheel means will. I hope you can make out the rest

Helpful Answer (0)

Report

2diffy, your friend is probably not a lawyer and could be mistaken. You need to find out if you will be liable for anything in regard to the reverse mortgage; there would presumably be a lien if you try to sell, and again, assuming your mane is not on the deed, best to keep that money for her care; with it being a joint account, yes you can access it and use it but beware of any Medicaid concerns for "gifting" if that is likely to be needed. You probably should get representative payee status for your Mom's social security checks and take pains to see that the money is spent for her needs - it would probably be ideal to keep that account separate and have nothing go into it except her SSI check. The $2,000 is an asset limit (beyond home if they intend to return and one car) that you have to spend down to before qualifying for Medicaid. It is true that life insurance proceeds are not subject to any estate recovery.

Seriously - this stuff is complicated and varies a bit state to state - so one totally legit expense that you can and should pay for from mom's money is for an elder law consultation. I found one who clearly knew the ins and outs of my state's Medicaid via info on his website, and a $300.00 initial consultation with him was a huge help.

Helpful Answer (0)

Report

If someone as a will and then goes and get a POA. The POA documents say any previous will is now no longer valid. Person sells her house and opens a joint bank account with daughter, mother dies who gets the money.

Helpful Answer (0)

Report

The POA document won't say if a will is no longer valid. POAs and wills are two separate things that have nothing to do with each other. If the person sells the house and has a joint bank account with her daughter, then the money belongs to the daughter when the person dies. The main consideration there is if the daughter is truly a joint owner of the account and not just someone authorized as a signer.

Helpful Answer (0)

Report

How can my wife get her name on her grandfathers trust her mother is on the trust she passed away know what do we do? She needs her name on the trust she's executor of her mothers estate. Her mother is on the trust of her grandfathers. He passed away. 40 years ago and she always continued to take care of his bills. What can we do?

Helpful Answer (0)

Report

Good advice, but not what I expected. My name is on my mom's checking and savings accounts along with her name. I didn't make these arrangements, but a well-meaning friend of the family did after my Dad passed away eight years ago. I think the reason was to protect her assets from my brother, whose wife was a spendthrift. I am going to meet with an elder law attorney soon, to discuss possible LTC finances for my Mom, and maybe he can shed some light on this issue.

Helpful Answer (0)

Report

I am on my parents checking and savings account. My stepfather may require to go into a nursing home and we have had to apply for Medicaid. Can Medicaid use this account as an asset since my name is on the account? We live in the state of AZ.

Helpful Answer (0)

Report

bbutvidas, all their assets count. Do not attempt to move money out of their names, all that will get you is a rejected Medicaid application.

Helpful Answer (3)

Report

my mum wants me to add my name to her account in case anything happens to her,how straight forward is it to do.

Helpful Answer (2)

Report

I need help understanding how the bank works. My dad is Stage 4 cancer. My siblings and I are discussing about my dad's only asset which is his Soc Security and his pension. We delegate my middle brother to do the POA to his bank. My dad have a bad habit of withdrawing $600 every month to gamble it away. Although his medicare only pays 80% of his radiation therapy and other med expenses but Dad have to pay the out of pocket cost of 20%. We want to control his spending so we can pay for his therapy, bills (credit cards), and other loans he took out. His bank said that if my brother attached his name to my dad's checking account, my brother's good credit will be ruined due to the fact my dad did a lot of withdrawals to his account; hence the overdraft fees the bank charged my dad. I just want to understand if this is true, that his good credit will be affected. Please help

Helpful Answer (0)

Report

FamilyConcern, add the POA brother as a signatory only. Do not make him as joint owner on the account or else it WILL affect his credit score. Take away Dad's debit and credit cards. Do a credit check on Dad to discover all the credit and loan accounts. Also consider getting a good medicare supplement for Dad during open enrollment in November. That will lower his co pays.

Helpful Answer (0)

Report

My wife has guardianship over her mother which lives with us. Hospice is in our home and she may live a few more months. My mother and law has lived with us for 15 years and we bought a house that her name is on the deed. When she dies will it be a problem to take her off the deed?

Helpful Answer (0)

Report

My wife has guardianship over her mother which lives with us. Hospice is in our home and she may live a few more months. My mother and law has lived with us for 15 years and we bought a house that her name is on the deed. When she dies will it be a problem to take her off the deed?

Helpful Answer (0)

Report

KdClark, The guardianship ends when mom dies. Then the Will becomes effective. The Executor must distribute assets according to the Will. You need to read the deed and see how the property is titled. If you are joint tenants with rights of survivorship, no problem. If you don't see the words "rights of survivorship" on there, then her portion or percentage of the property goes to probate along with the rest of her estate.

Helpful Answer (0)

Report

1 2 3

This question has been closed for answers. Ask a New Question.

If my name is on mom's checking account is her money safe from the courts after she dies?

68 Answers

Recent Questions

Popular Questions

Related Questions