Legal Question in Credit and Debt Law in Massachusetts

My sister & I are on a joint checking account with our 87 year old mother to assist her with shopping needs. If she were to die, would creditors be limited to the assets in her account, or would they be able to go after assets of my sister and I to pay off any unpaid debts by virtue of our names being listed on that checking account?


Asked on 9/27/11, 7:34 am

1 Answer from Attorneys
John Skinner, III Associated Attorneys of New England

This answer depends on what kind of Joint Checking account you have- Joint Tenants (JTWROS), or Tenants in Common.

Tenants in Common- The money is split up equally among the parties, whatever your mother's share is passes through probate.

JTWROS- The entire account stays with the survivor, no amount passes through probate (unless all parties were to pass away).

WITH THAT SAID- Creditors can only go after the assets in your mother's estate- that may include this checking account, AND anything else that she has (house, car, jewelry, investments, etc.). Once they are paid out of the assets of the estate, THEN you may inherit the remainder.

IF debt collectors every bother or threaten you, or try to make you pay someone else's debt, please let me know.

http://www.StopCalls.Net

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Answered on 9/27/11, 7:57 am


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