Re: Joint account
wenchris wrote:I am on a joint account (Mr. Robert Xyz and or Mr John Xyz)(savings, IRA, Stock Portfolio) with my father, my mom is deceased. He is 82 years young and if he ever had to enter a nursing facility would we have to surrender these accounts?
Thank you John Xyz (New York)
Surrender them to whom?
Each owner of a joint bank account is the owner of the
entire account. In other words, if Robert Xyz and John Xyz are co-owners of the account, then Robert owns 100% of the account and John owns 100% of the account. Robert could withdraw all of the money from that account today and John could do the same. Not a very good setup if you don't trust the other person on the account. That's one of the disadvantages of joint accounts. On the other hand, it's also one of the advantages. It's a useful way to transfer funds from parent to child without having the money go through probate. Many seniors, for instance, will fund a checking account held jointly with their children as a way of passing the money without it going through the estate.
Of course, the IRS is wise to this particular maneuver, and it will scrutinize these kinds of accounts to make sure that they are not used solely for the purposes of avoiding taxes on the transfer of wealth. Whether other agencies (such as Medicare, which is probably what you're asking about) consider the money in a joint account to be part of the parent's assets in determining eligibility for assistance is another matter. I suggest you call the relevant agencies and ask.