If my name is on my mom's checking and savings account, can I close the account now (she passed a month ago)?

My sister and I (and mother) had our names added to her savings and checking accounts. She had a few funds and some money in another account in a trust. When she passed, the funds and money in the trust went directly to us because it didn't have to go through probate. Since the other accounts were in both our names with survivorship, I simply closed them and followed her will for bequests to grandchildren and my sister and split the rest. She passed in March, but I kept the checking account open with about $3000 in it, just in case some unexpected bill comes up. I'll close it after we file her taxes in 2017. Our advisor told us we were fine to do it this way.

If it is a joint account with survivorship rights you can put the accounts in your name and then close them. You will need a death certificate to do this.

Marie, my heartfelt sympathy to you and your family for the passing of your Mom.

I wouldn't touch any accounts until you start Probate with the Circuit Court. I just started on that journey yesterday and yikes all the paperwork involved. I have my Dad's Elder Law Attorney doing most of the work for me, as this is too mind blogging for me right now.

I am surprised the funeral home hasn't given you copies of the Death Certificate. I got my parents within 3 days of seeing the funeral director to start that funeral process, in each case. Give the funeral home a call.

Regarding Power of Attorney, you can go ahead and file that document away, as it stopped being active the minute your Mom had passed.

Probate is so complex that hardly any of us have any idea what we can and cannot do until we meet with the probate office.

If you are writing checks from your account or a joint account, make sure you keep all invoices for any payments you made for bills for your Mom, including funeral expenses. Keep those bills in a separate folder or 3-ring binder. Probate will ask for what bills were paid after the fact. Eventually you can be reimbursed from Mom's estate. Since you are the Executor, you would be paying yourself.

The big question is if you are joint on the account or if you are only someone authorized to write checks. I see no problem with writing checks to pay her bills since you are on the account and are executor. Her bills do need to be paid.

My situation is similar to AmyGraces. My mom had a checking account and a savings account that I was listed as a joint account holder - we did this to ease my DPOA duties - paying bills, transferring money etc. Mom passed away Aug 30th. When I got the death certificates I took them to the bank and as the accounts had survivorship rights the accounts were transferred to my name only - they did not need to go through probate. I closed the savings account in three cashiers checks, dividing the money equally among me and my brothers in accordance with my moms wishes. I am keeping the checking account open and have been paying all of moms expenses- from cremation to accountant fees for taxes from this account. While I am carefully documenting my expenditures it's more for my brothers than anything else - and this will also make my final accounting of probate expenses easier as I will not have to report any of the bills and payments not related to the account that is being probated - to the court - as technically I'm paying with my own money and not the estates funds. We are only having to probate one large account as everything else had listed specific beneficiaries- so as no money is being used from that single account, things ought to go pretty fast and simply. Once everything is finished, whatever is left in the checking account I will split evenly with my brothers. Hope that made sense. I did run this all by both the attorney and my accountant and they said it all is perfectly legal- in Oregon, at least.

JessieBelle - check into the gift tax laws for your state - but in the vast majority of states gift tax is not paid until you reach some enormous total amount gifted - last time I checked it was well over a million dollars. Even then it's usually not paid until death in the final estate filing. The IRS requires that you file a gift return if you give a single person a gift over the IRS allowed yearly amount - which was around $14,000 last time I checked but you do not have to pay any tax on it at that time - or most likely- ever. I suspose it's their way of keeping a running total - lol! My accountant recommended I have my brothers sign a statement saying they acknowledge the money I gave them was the sole property of my mother - that the money was given in keeping with her will and that it was in no way a gift from me. So, that's what I did. However, I've been thinking about just filing gift returns for the money just to be on the safe side - since I won't every have to pay any taxes on it as I can't see gifting over a million dollars in my lifetime- I've really got nothing to loose except what I'll have to pay the accountant who does my taxes to do the forms - which shouldn't be much - it's a pretty simple form. Anyhoo - don't let the gift tax thing scare you off - check it out on line. I think gift tax and inheritance tax have to be two of the most commonly misunderstood things on the planet.

Just looked it up - you have to give away an accumulated $5.43 million before you would exceed the "lifetime limit" amount and be taxed.

It is a good idea to check with your County probate office to see about inheritance tax, or call the parent's Elder Law Attorney if they have one. I live in the Commonwealth of Virginia, and there is no inheritance tax... did a happy dance. But my County will collect a tax depending on the inventory, I think it is around 1% so no big deal.

Rainmom is right about the Federal inheritance tax being $5.43 million. That usually affects the top 2% of the wealthy people.

There is no reason you do not have the death certificates yet. I got my Husbands 1 week after he passed.
You also need to inform Social Security. You can not close an account that her check was going into since they may have to retrieve a check that has been deposited after her death. They need to be informed ASAP.

I am sure when you go to the bank you could get them to reverse fees if you ask and explain the circumstances.