Legal Question in Banking Law in Illinois

my mom has no will or power of attorney , she put me on her bank account in case anything happens to her but not on her checks. if she dies what happens to her money in her account.


Asked on 1/29/10, 3:30 pm

1 Answer from Attorneys

Ask the bank exactly that question. She may have created what's called a "Totten trust" which is basically a bank account that on her death becomes yours as long as you can prove she's passed away and there is no kind of death tax involved. The bank can also tell you exactly what they would need to clear the account into your name at her death. But normally on death a person's bank account is "frozen" until there is some kind of legal release. So if it's not a survivorship arrangement, and your mom trusts you, you may have no power at all.

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Answered on 2/05/10, 3:05 pm


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