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It would be wise for you to talk to an elder lawyer since it is a joint account I would think any money left would be yours-has she prepayed for her funeral?
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I would ask the bank about that. I believe it is all in the wording of account. Example: Say it's worded "mom AND daughter" that means both signatures "mom OR daughter" means either party can sign "mom AND/OR daughter" means both or either can sign... AND/OR covers any situation. I am not an expert but my grandfather did this with accounts to protect money in such an event (unless of course both pass at same time) but that was years ago. To get the joint account set up you need to fill out signature cards so it should be clearly stated what type of wording is used.
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My mother-in-law's bank told me once that since all three of her sons are on her bank account, they are basically 'co-owners' along with her. So when she dies, the co-owners will become 'owners'. I on the other hand have only POA (which is fine with me) so when she dies, my job will be done and I have no rights to her account anymore.
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Does your account have say "Payable on death". I was POA on my mom's with "Payable on Death". Her remaining money was payable to me to pay her final expenses, then I sent the remainder to Medicaid to repay them as she was in a nursing home on Medicaid, when she died. I have signature privileges on my current relative's acct, no POA needed. When I went to the bank to open a checking acct for her (she had never had one), I was asked if I wanted "Payable on Death" and said yes. Your mom will have to sign for this.
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Thanks to all of you for your answers...it really helps. She has not paid her funeral expenses...that money is for that. The account is mom AND/OR daughter...I've paid bills from that account no dual signature needed. I do have POA and DPOA. She has an old will (before she moved in with me) that said that her house would be sold and split between the four of us. I'm not out to "take" her money when she passes away...I couldn't do that...although it has crossed my mind! :) I just wanted to know that I had discrection over it to pay final bills, etc. I will be fair with my sibs even though I don't think they've been there for me. Argh! Sometimes I think I'm hearing voices! HA...thanks again to all of you....have a good day.
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Sounds like you are joint owner with right of survivorship which means you can pay her funeral expenses from there as such and not as POA which will end with her death. The right of survivorship also means that account will not have to go through probate. I'm in a slightly different situation than you are in for I am an only child. However, to keep my step-dad and step-siblings away from her private money and securities, she made me joint owner with right of survivorship of everything that only belonged to her. Her will states that I am the sole beneficiary of her estate. I think there will be some angry relatives when she dies.
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my sister was on moms acct. as POD but my mom signed a remove access form and crossed her off POD, this was in 1986 . her atty. is saying the account is still hers.!
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A joint account is owned by both account holders. When one account holder dies the survivor takes over the account. But you'll need to show the bank a death certificate.
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