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M0nica66 Asked January 2016

Would my parents checking account become mine even if I'm not the trustee?

My step dad passed and I had a checking  acct with him and my mother who had passed 3 years ago. 

JessieBelle Jan 2016
So when we divide the money among heirs it sounds like it would be best to put the money in an estate account, then go through probate if the amount of money is large. I'll have to consult an expert on this if there is money left over when my mother passes.

palmtrees1 Jan 2016
That is 15k per person, sorry.

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palmtrees1 Jan 2016
Jessebelle gives a very good answer. The bank will have all information as to how this account was set up and will require a death certificate for your step dad to allow the account to becomes yours. Must prove he is deceased.

As for dividing it, you must follow the gifting rules unless someone else is co-owner of the account. That means you can gift up to about 15k a year. Any given over that amount must be reported to the IRS and filed against your lifetime credit of 5 million. Now this will be no problem for most of us since most will not have a 5 million estate. Good luck to you.

JessieBelle Jan 2016
It depends on how the account was set up. If you were a joint owner or your father had it as Payable on Death, the money would legally be yours now. The best people to ask this would be the bank, since they will have the records of how you were added to the account.

I am on my mother's checking and savings account and I will have the same question as you. It looks like I am joint, but I don't know for sure. I will also have to check with the bank, since we can avoid probate on the money if it becomes mine. Of course, then there is the question of how I can divide the money so that it isn't taxed. I hope other people will have some answers to your question.

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