If your elderly parent requires immediate payment for medical care, you can draw from the joint account. With a joint checking account, you have immediate access to funds without having to go through probate. This can help with funeral expenses and hospital or hospice bills.
Joint bank accounts can work for some families, but experts warn that they carry legal risks. A power of attorney, a document that gives a person permission to make financial decisions for another, can offer the same benefits without the consequences.
If you and a parent have a joint bank account, that means you both are owners of the account. Your parent could add you as a joint owner to an existing account or you could open a new account together. Regardless of the approach you use, you both will have full access to the cash in the account.
As your parents age, it may seem like a good idea to add your name to all of their bank accounts. In the event of unexpected incapacity or death, then, the bank accounts would not need to go through probate; the accounts would simply become your sole property.
One person might be a saver, while the other likes to spend. So when partners merge their money into a joint bank account, it can create frustration, resentment, and maybe even some financial problems. In these instances, having separate bank accounts might ease some of the tension.
Most joint bank accounts include automatic rights of survivorship, which means that after one account signer dies, the remaining signer (or signers) retain ownership of the money in the account. The surviving primary account owner can continue using the account, and the money in it, without any interruptions.
Estate Tax
As a non-probate asset, joint bank accounts on death are subject to estate taxes. There are estate taxes on both the federal and state level, although the exact rate varies from state to state.
It depends on the account agreement and state law. Broadly speaking, if the account has what is termed the “right of survivorship,” all the funds pass directly to the surviving owner. If not, the share of the account belonging to the deceased owner is distributed through his or her estate.
The funds in the joint account belong equally to the estate and the joint owner(s) of the account, unless the liquidator and the joint owner(s) agree otherwise in writing. In such a case, the funds can be released separately to the estate and the joint owner(s) pursuant to the terms of their agreement.
Funds in accounts with rights of survivorship generally pass automatically to the other joint account holder, so these funds do not fall under the will's authority. Since the will can only control probate assets, the funds in the account cannot be distributed according to what the will says.
Are the assets frozen if someone on a joint bank account dies? No. Any remaining assets automatically transfer to the other accountholder, so long as the account is set up that way, which most are. Check with the financial institution if you're uncertain.
Most joint bank accounts come with what's called the "right of survivorship," meaning that when one co-owner dies, the other will automatically be the sole owner of the account. So when the first owner dies, the funds in the account belong to the survivor—without probate.
Joint accounts can be a good way to combine and grow your money to work toward your common goals. They can also help couples keep each other in check on spending habits. Saving on fees. Joint accounts might also save on penalties and fines.
Orman advises to add a joint account if that works for you and your partner or spouse, but to keep separate accounts as well. If you don't have a separate account, you and your partner should have an open discussion about opening individual bank accounts.
The money in joint accounts belongs to both owners. Either person can withdraw or spend the money at will — even if they weren't the one to deposit the funds. The bank makes no distinction between money deposited by one person or the other, making a joint account useful for handling shared expenses.
In recent years, more and more people have decided to open a joint bank account with an elderly parent. It's easy to see the thinking behind it. If you're getting older or you're not in the good health you once were, a joint account appears to be a simple way of letting your child access your money on your behalf.
The Consumer Financial Protection Bureau (CFPB) says it is permissible for either person on the joint account to either remove funds or close the account without the permission of the other account holder, in most cases. Should you choose this option, you don't have to stay with the same bank.
A Better and Safer Option. A better and safer option is to add your child as the Power of Attorney (POA) to handle your financial affairs. With a power of attorney, you remain the owner of the account while the adult child acts as the agent to make financial decisions on your behalf.
The surviving account holder will have to submit a written application informing about the death of account holder to the bank along with the copy of death certificate and copy of ID proof of the deceased. The copy of ID proof of the deceased account holder will be self-attested by the surviving account holder.
Becoming a joint account holder allows you to avoid probate by keeping the account out of the estate. It also means you can pay your parent's bills if they become unable to.
Upon the death of the joint owner of the account, the new owner will be responsible for paying any taxes owed. This means that after the date of death of the joint owner, whoever takes possession of the joint account will pay the income taxes due on the income earned by the account.