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mannyputtputt Asked April 2013

If my mom only has a bank account ,no property, no debt can I forego probate?

My name is on account. I have gotten different answers.

EXPERT Ralph Robbins Apr 2013
No probate required.

NancyH Apr 2013
If your name is on her bank account, and NOT just as POA, then you are co-owners of her money. It would be like you were in business with someone and you held a joint account. If one person should die, I don't see why that would be a problem. At least that's how I understand it. But if you still need the official word, go to the bank and ask. You can't be the only person who's ever asked that question.

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JessieBelle Apr 2013
mannyputtputt, if you'll check your account, you'll find several answers to the question you've been asking. Sometimes they get lost off the end of the question section before you check again. You can check the answers on your account, however. They are not lost. Hope this helps.

igloo572 Apr 2013
Manny - have you tried to close out the account? What happened at the bank?

All the $ is from the sale of the house, isn't it? Did you see if you could do the distribution of the $ via a Muniment of Title? Muniment is pretty inexpensive and simple if you meet the criteria to do a Muniment; and if allowed in your state; and you have a valid will to enter; and you are the named executor.

I've been executor twice and it was a % of the estate for the attorney's fees plus actual expenses. One was super easy and I know they made $ doing it; the other was a snake pit of time and no way they made a profit but hey if the law firm will do a % situation that's the chance they take. My mom is in a NH on Medicaid and has her home and when she dies, house will have to be dealt with. Assuming we get all the anticipated MERP exemptions done so that we get a release from MERP, I plan on doing a Muniment of Title to sell and distribute the $ from the house. Should run about 1K and 3 court appearances. I'm comfortable in a courthouse, so it can be a DIY project. Otherwise I'd get legal to do Muniment.

Robert2006 Apr 2013
Yes, you can forego probate because you have a joint account with her. If you are getting different answers from people at the same bank, please fill out the paperwork for "transfer on death" (as protection for yourself since they seem a bit disorganized). TOD will ensure that you will receive full access to her account when she dies.

And, don't forget that anything can happen to you, too, so be sure to also put on file at the bank a beneficiary statement - if you die first, who do you want to help your mom while she's living and who do you want to take over her account when she dies?

This is the advice I received from the manager at my parents' bank. Good luck!

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