Legal Question in Wills and Trusts in Oregon

step mother's bank account

5-6 years ago my step mother opened a bank account with my name listed too so that I could help her with her banking. She is 93 and it is getting harder for her to write and she has alzheimers. She also lives with me. When she dies I will need to pay for her funeral and other expenses. However when she dies if there is a will, which I did not ask about when she remembered things, so if there is a will how do I find out. Do I have to have someone approve use of checking account to pay her last expenses? If she has a will and has left money to a charity or other people do they then take care of her last expenses. I do not have POA or any thing legal. I have been helping her for several years. This last year she has moved in with me then shortly after started taking a real fast down turn with memory. I will continue to take care of her that is no issue however I wonder what I need to do legally.


Asked on 4/29/08, 5:47 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: step mother's bank account

You have a couple of issues mixed together.

First - the bank account with your name and your step-mother's name. It can be used to pay her funeral and other final expenses. No approval from anyone is needed, you just write the checks as necessary. Both of you are considered the "owner" of the account, so the account itself would usually go to you upon her death.

Is this bank account her only asset? If it is, then there is really no need for a will.

Second - determining the existence of a will. If she has other assets that might be transfered through probate, you will want to find a will, if she left one. Your first resource would be to go through her papers and her safe deposit box, if any. You might find the will, a copy of one, or perhaps the name of an attorney. You can call that attorney and ask. You can do these things now.

After her death, there are a variety of ways that an attorney might search for a will, including posting the question on several bar related lists.

Our office regularly assists individuals who are dealing with the incapacity or death of family members. We also offer a low cost initial consultation.

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Answered on 4/29/08, 7:35 pm


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