Legal Question in Wills and Trusts in California
On deceased mother's joint checking account use
I've been jointly on mother's checking accounts for years so I could write checks equally with her. Mom died this morning and I'm writing checks from the money market account to pay for everything pertaining to local expenses (we were unprepared), then shipping to her home state, to be received by the mortuary there, purchase the burial plot, and the service (all was her money with both of our names on the account). My brother and I are the only heirs and we have both agreed that we would like to have Mom's funds pay airfares and motel expenses for those family members who would like to participate (about 10 of us), coming from three states. I was given Durable Power of Attorney, authority to decide disposition of remains, etc a few years ago. Are we legally able to use those funds to pay for family to get to Mom's service? Do we have to account for those funds to anyone except each other? Only Mom's mobile home is in her own name (value with contents, in as-is condition, is perhaps $20,000). There will be funds leftover after the trip, to pay recent ambulance and hospital co-pay, and be in her small estate. Mom would have wanted family to be present at her funeral, and most cannot afford last-minute airfare for next week.
3 Answers from Attorneys
Re: On deceased mother's joint checking account use
It's your money now, and you can do whatever you want with it.
Re: On deceased mother's joint checking account use
Ms. Cusack is correct. We are sorry for your loss. It is very nice of you to carry out your mother's wishes. You can handle the assets later as a small estate not subject to probate since it is under $100,000. To do so, you can look at similar questions on this site and read a book on the subject, such as by Nolo Press whlich wrties for non-lawyer readers.
Again, our best wishes for your brother and you. I suspect that your mother was proud of both of you.
Re: On deceased mother's joint checking account use
The general rule, unless proved otherwise, is that the surviving joint tenants on a bank account own the account and have access to it. If your brother is the only one who could object, his consent should be all you need.
There is a process for transferring the mobile home outside of probate, so this should be simple as well.
Regarding her creditors, the people receiving her assets are generally responsible for them, up to the value of the assets they receive.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
