Legal Question in Wills and Trusts in Pennsylvania

My Father had my Sister's name put on his checking and savings account in case he was unable to write his own checks etc. She is now claiming that because her name in on those accounts, she owns that money. Is that the case???


Asked on 6/25/12, 8:26 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

There are joint accounts, in which both parties have an interest, and there are accounts on which the owner may add another person's name as an authorized signer, This is usually done for convenience to allow someone else to manage their financial matters. A power of attorney is better for that purpose, because that makes it clear that the account belongs to one person, and the POA agent is acting only on behalf of the other person.

If you father is still living and has mental capacity, he may want to remove your sister's name from the account and give her his power of attorney instead.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 6/25/12, 12:33 pm

The rule is that when a person dies and that person had a joint checking account with someone else, the money in the account goes to the survivor.

This story is getting ugly fast. If your father is still alive, then technically its his money. But having your sister on there was a BAD idea. She is now co-owner of the account and nothing stops her from accessing the funds.

Since your sister is behaving as if the account is hers already even if your father is still alive, this may or may noy be what your father wanted in terms of his estate distribution. Leaving a joint checking account is not a substitute for a properly drafted will or trust.

If your father is mentally competent, he needs to close the account with your sister. If the bank wants both people to sign and close the account, your father needs to withdraw the money and stop depositing money into this account. He should open another account at a different bank and should have his checks deposited there. He should consider making a financial power of attorney which will enable a person to act as his agent and handle banking affairs for him. Unlike a joint checking account, the financial power of attorney imposes responsibilities upon the agent to only use the money for your father's expenses. I would suggest that your father make someone other than your sister as power of attorney as she has already proven that she is inclined to abuse that power. Your father also needs to make a proper will or trust. Wills and powers of attorney are not all that expensive. Please get your father to an attorney before your sister uses the money for her own benefit at your father's expense.

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Answered on 6/25/12, 8:31 pm


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