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Old 07-21-2008, 12:09 PM   #1 (permalink)
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Joint BankAccounts

My mother does not have a living trust nor is she inclined to get one. She does have my name on all of her bank accounts as an "and". In the event of her passing, would I have any trouble accessing the accounts? We live in California.
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Old 07-21-2008, 12:15 PM   #2 (permalink)
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Quote:
Originally Posted by seazr View Post
My mother does not have a living trust nor is she inclined to get one. She does have my name on all of her bank accounts as an "and". In the event of her passing, would I have any trouble accessing the accounts? We live in California.
Yes, you will. The accounts should read "OR", not AND. If it says "AND", the money is considered yours AND hers. If she dies, the funds will be considered jointly yours and hers and could tie up the money while the estate goes through probate.

I would get the documents altered to read "OR"--meaning either you OR she can act on behalf of the other. Look at the paperwork you received when the account was opened. It should say joint tenancy, or some such phrase indicating what would happen if one party dies.
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