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Please excuse me if this question is not under the correct topic. My brother is a joint account holder on our Mom's checking account. Mom is dying of cancer and I am so sad to say that her days are unfortunately numbered. Since we are sure a funeral is around the corner we are trying to figure out how best to pay for Mom's funeral instead of waiting until later to discuss. Can my brother legally write a check for Mom's funeral expenses after Mom has passed as a joint account holder? I am assuming yes but... Aside from the checking account, Mom does not have any assets (house, cars, and misc belongings have already been sold or given away by Mom) and she has very little credit card debit. My brother is Mom's POA and I am the executor of the will. I understand POA ends at death and the executor takes over after death. My brother and I get along very well and have decided that these financial matters will not come between us. We just want to make sure we don't do anything wrong by paying for her funeral expenses out of this account that could come back to bite us later.

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Thank you freqflyer.
I really appreciate all the help everyone.
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Reply to Floralscent
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Only if account is sole survivalship
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Reply to Dat1917
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WorriedinCali, that's because beneficiaries or joint holders trump anything else. There's a heirarchy.
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Reply to needtowashhair
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This is a question for the bank. It all depends on how it is set up. I closed Moms account before her death as a POA and I was on her account. Not as POA. If I were you and brother I would prepay her funeral if she has the money. It makes it so much easier when she passes. All I had to do was order flowers and set up a place for the luncheon. Already knew where that would be and who would cater.
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Reply to JoAnn29
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I am not sure if it varies from state to state but we are dealing with similar issues now. When your mom passes, your brother becomes owner of the joint bank account. It doesn’t matter what the trust or will says, banks don’t follow those. Your brother has survivor rights and will now be the owner of the bank account so yes he can use the money to pay for her funeral, once she dies the money in the account is his. I’m in California and like I said, I don’t know if this the same in all 50 states but the bank explained to ue that MILs joint accounts now legally belong to the other name on the accounts and the executor cannot touch them. If you are planning to pre-pay for the funeral then as co-owner of the account and DPOA yes your brother can write out a check for funeral costs.
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Reply to worriedinCali
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If your brother is a co-owner of the account he can write that check. If he is only a signer to write checks for her bills he cannot.
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Reply to anonymous439773
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Floralscent, you asked a very good question. I am moving your question closer to the front of the forum. Hopefully a caregiver who is familiar with this can answer your question.
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Reply to freqflyer
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