Find Senior Care (City or Zip)
Join Now Log In
C
Cutebinger21 Asked December 2021

Our dad turned his funds into one CD with all 3 of us kids on the CD. I am concerned that one of them will cash the CD in & take the funds.

The 3 siblings are not getting along. I am concerned that one of the siblings will take the funds and run. My dad is still alive but has Alzheimer's. My dad is not on the cd. Can the cd be renamed with the word "and" instead of "or" so all three of us will have to be at the bank when someone withdraws the funds?

GardenArtist Dec 2021
1.   How exactly is the CD titled?   This makes a world of difference.

2.   If your father purchased the CD and advised the bank how he wants it titled, he's the only one who can make changes.  

Even if there is a DPOA in place, I rather doubt a bank would honor it unless your father validated any change, but in that case, more than likely the CD would be reissued with different beneficiaries...if that was in fact your father's intent.

Have you spoken with anyone at the bank to put them on alert to  a potential redemption of the CD?  I would do so ASAP if you haven't yet.

gladimhere Dec 2021
Are you kids actually POD on the account? It may be able to be setup that way, it would protect dad.

ADVERTISEMENT


Cutebinger21 Dec 2021
I believe 2 of us siblings would not take my dads money but my sister im not so sure about. This is considered dads money until he passes if he ever needs it. But if she was that evil she could take the money. My brother and
Sister have been questioning his money where i dont consider it our money until dad passes.

AlvaDeer Dec 2021
Your father put all his money in your names??? I am afraid he may have done something more seriously wrong than the chance of one or the other being a crook. The fact is that he just gifted money to his children. This means, if this is found out, that the money is subject to gift taxes for him (dependent on amount) and also that any claim by him to be BROKE and in need of medicaid would be a lie, and an attempt to avoid using his own funds for his own care. The IRS may take an interest in what is happening here, dependent on amount you are discussing.
The problem here was one I was going to refer you to the bank to talk about. A demented man cannot remove himself from his funds and gift them with the knowledge of his children. I would see an elder law attorney to work out what is to be done at this point. Goes beyond what those of us on Forum should advise you on. I wish you good luck, hope you'll update us on what your steps forward legally should be.

MJ1929 Dec 2021
If you were talking about a car, "or" on the title means any owner could sell it without the consent of any other ones.

Check with an attorney, because you could get screwed over and there may not be anything you can do about it. The bank can't change anything if Dad's not competent to do it.

This is why people need to use attorneys to do their estate planning. The vast majority of people don't know what they're doing and mess up if they go the DIY route.

gladimhere Dec 2021
Ask the bank. Usually if numerous people are on the account it cannot be cashed in without all signing. But withdrawals may be handled differently.

Be careful with this account. If dad gifted to the children this may make him ineligible for Medicaid should be need it. Then his old age care would have to be provided by family. See an elder law attorney.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter