East Stroudsburg, PA asked in Estate Planning, Banking and Probate for Pennsylvania

Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate account, can checks to pay 2 bills be written and can I withdraw money to pay for her memorial family dinner?

2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades, and this issue has come up several times. The primary concern for the bank is that it does not want to be sued by anyone, and that means that the outcome hinges on your clear right to the funds. (e.g. a valid, signed power of attorney, Letters Testamentary issued by the Court, etc.)

As the requirements vary from one financial institution to the next, it may be sufficient for you, as a joint account holder and authorized signator, to simply write checks (the PA Dept. of Revenue will still want a tax return and its tax money) especially if you have written/signed checks on the joint account previously;)

Confer with an experienced PA attorney about this after that professional's full review of all the facts you provide.

A: although you state that your name is on the account, you can be on account as Power of Attorney or authorized signer (Which both expired when your mother passed away), in which case you may have to open an Estate administration to get control of the funds and open an Estate account (depends on how much money is in the account);

or you can be on account as a Joint Owner (which means the account is now your account by operations of law);

or you can be on account as a beneficiary or Transfer on Death designee. As beneficiary or TOD designee the account will pass to you, but banks may have different requirements to pay out these types of accounts which may include a Death Certificate and proof that your mother's funeral has been paid.

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