What happens to dad's checking account balance after his death?

When you FIL dies, your husband's POA is no longer valid. The money in the account will then be handled in the normal way. If money is owed, creditors will have first claim on the money. If anything is left after the probate period, it can be divided according to your FIL's will. If he is on Medicaid, chances are great that the nursing home and state will take most of the money. Does your FIL have a funeral plan? If he doesn't, it would be a good use of the money that you can do legitimately before he dies.

The best advice-a prepaid burial plan. It can't be touched.

We have a prepaid burial plan all set up already. The checking account has my husband's name on it as well as my dad's. It's been weird trying to find out the answer to this basic question. It's a very unique situation, my father was very abusive and I did not have anything to do with him for years. None of his relatives wanted to take his financial guardianship on and in order to have access to property that was mine in the house (my wedding dress for example) my husband decided to be knight in shining armor and take it on. They never wanted kids and boy I knew that everyday of my life too. Thank God they just had me. Anyway thanks for answers. My husband is going to check with the case worker assigned to him to find out for sure but I wanted to know what this forum's opinion was. Thanks!

If you are on the account as a joint owner, it is yours. It is no longer part of the estate. Otherwise, it is part of your father's estate.

I the account is joint, it can be cleaned out by the person(s) on the account with him. BTW, my mother in law made both my husband and his brother her POA jointly and she has a will too, but several years ago the brother insisted she divest herself of everything, including her home, and put the money into joint accounts, C/D's, etc. SHE thinks her will will insure it gets split up 50/50. NOT THE CASE. A will is only for real property and once there is nothing but cash instruments anyone of the people on a JTROS account can empty it at any time. He lives nearby her and we are over 1500 miles away. He has told my husband that he hasn't prepared for his retirement. We have a pretty good idea what he is going to do. It isn't a huge amount of money, but money can divide family by intention. Do what you have to do but just be sure you are aware of how this all works.

Guess I would get my name on the account too. No problem after that.

Be sure to remember what the last person said. "Money can divide families by intent".

even a small amount :(

For me, my grandmother's account is set up as a Trust. So, as trustee I assume I gain control of the money after she dies. Otherwise, I would assume it would get handed over as part of the estate to pay off debts before it gets divided out to family.

My husband called Social Security, Health and Human Services, Medicare/Medicaid, the Veterans Administration and the Court where his POA is filed. NO ONE could give him a definitive answer to this question. They all said to consult an attorney. They said they did not what happens in this case. Really? This question has never ever come up in the history of all those agencies? He is going to call the attorney who represented the case to get his POA and see what she says when he gets a chance.