If my name is on mom's checking account is her money safe from the courts after she dies?

I assume estate taxes are not an issue, since that only affects those with more than $5 million in assets. Gift taxes similarly. Thus, I wouldn't worry about gift or estate tax issues related to joint accounts, though amitebird is technically correct.

I think you're most concerned that you can have access to the funds immediately following your mother's death, and a joint account will allow you to do just that. Note, however, that her will only covers accounts in her her sole name, e.g., not joint accounts. So if her will says "All my assets go equally to my children," and you are the only one on the bank account with her, then the money in the joint bank account will pass to you alone and not to your siblings. If this is what your mother intends, that's fine. If not, it could cause family disputes.

As for whether the creditors of your mother can reach the joint bank account after her death, note that this varies from state to state. In many states, the creditors are simply out of luck and cannot attach the account of a deceased joint owner.

My sisters and I are on all of the accounts. My sister died recently and the money on these joint accounts were no problem at all. Her next of kin took the death certificate to the bank and took her name off. I guess if they were shysters they could have claimed the money, but Mother is the principal owner of the account. How would you pay the parent's bills if you are not on the account?

My mother's lawyer told my sister and me to have both our names on all Mom's accounts and when she passes, the accounts revert to us without going through probate. He said it is perfectly legal. Mom's SS check goes into the joint checking account and I pay all her bills from that account. I have access to her savings and transfer money into the checking from savings every month, as her SS and pension are not enough to pay the monthly cost of the NH.

if you want to keep it out of the hands of lawyers and courts AFTER Mom dies, then you need the advice of an estate planning lawyer BEFORE she dies! It is money well spent when you have everything in order beforehand and you are not struggling with conflicts and debts and probates when you are grieving. Depending on the amount of money that exists a Trust might be your best avenue. But again, get the right advice for your state from a professional.

In the county where I need to register my mother's will I was told that since my mother had set up a family trust 15 years ago and had transferred everything that she owned into that trust, naming me the executor/trustee upon her death and since I was already on her account at her credit union that I did not have to change anything. I was also told to send to them the signed copy of her will, a photo copy of the trust and that I do not have to go through probate nor set up an Estate account at a bank. I am to handle all bills that come in, and to follow the directives of the Trust as she had written which is to give X amount of money to her church and divide the rest between us 4 children. At some point I will need a CPA to help file taxes. I hope that it goes as easily as the lady at the court said it should.

You really should not have your name on your Mom's checking account. It's best to have a separate checking account and to use a durable power of attorney for finances - that way bills can be paid by the POA.

Another problem with this is if Medicaid monies were ever needed, your name is on this account and that could have an effect on whether or not she would qualify.

I'm not an attorney but it's best to have a trust rather than just a will - the will can be put INTO the trust. A trust does not have to go through probate in most states, so you may want to look into that.

Best wishes on the recovery of your Mom.

bbutvidas, all their assets count. Do not attempt to move money out of their names, all that will get you is a rejected Medicaid application.

Thanks for responding. As soon as soon as my mom died - the house automatically belongs to myself and 3 siblings. This was due to a lady bird or quit claim deed signed by my parents a few years ago. Apparently in Michigan , the house is not part of her estate therefore she doesn't have one. I am the executor of her will. The only "assets" she has was about $ 600 in a savings account that is also in my name. My intention was to use that to pay utilities until we sell the house. Once it sells, the first thing to be paid is the mortgage. The home equity is not connected according to her mortgage company. From what you're saying it sounds like the credit union would say otherwise.

Probate for small estate is fairly simple. In NY an estate with less than $30K is just a $1 filing fee at the county courthouse. More than that, get a lawyer to help you.
JTWROS will be changed to survivor's name when the death certificate is presented at the bank. BUT the nursing home can sue for the bill in states that have "filial responsibility" laws.

Find an attorney that knows about Recovery. Every state is different. If a person is on Medicaid, any bank account is considered theirs, even if you put money into it jointly, it is considered a gift to them. If they are applying for Medicaid any joint account is considered theirs. When they pass, Recovery has first rights to their assets.