Will I still have access to a joint checking account held by me and my mother after she dies?

UPDATED: Jan 13, 2012

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Will I still have access to a joint checking account held by me and my mother after she dies?

I have a joint checking account with my mother so I would be able to handle her affairs after she was diagnosed with cancer. She is now very sick with only a few days to live at most. I have power of attorney am executor of her Will and she has left everything to me. Because my name is on the checking account will I still have free access to it once she dies or will I have to account for any money missing? I’m missing a lot of work right now taking care of her and will need some money to live and pay bills while the Will goes through probate.

Asked on January 13, 2012 under Estate Planning, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are named as the joint owner of the checking account of your mother, you will have access to it when she passes away. In fact, if she passes away with the joint checking account in her and your names, you as a matter of law would be entitled to all of its contents.

From what you have written, it seems that your mother has her affairs in order for when she passes with the joint checking account, power of attorney naming you as her attorney in fact and the Will.

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