QUESTION
MOTHER & DAUGHTER HAVE JOINT ACCOUNTS. MUST TOTAL BE USED FOR MOTHER`S CARE?
Asked on May 22nd, 2013 on Medicare and Medicaid - New Jersey
More details to this question:
FATHER DIED 11 YRS. AGO, WITHOUT A WILL. LEFT MONEY IN JOINT BANK ACCOUNTS IN THE NAMES OF MOTHER & DAUGHTER. THERE WERE NO WITHDRAWALS. MOTHER NOW IN LONG TERM CARE. MEDICAID SAYS ALL MONEY IN THESE ACCOUNTS MUST GO TO PAY FOR MOTHER`S CARE. DAUGHTER BELIEVES HALF OF MONEY IS HER`S. SHE WOULD LIKE TO ACCESS IT NOW. YOUR OPINION?
1 ANSWER
2 Awards
Unless the daughter can prove that she contributed to the account, the account is considered an account of "convenience" and is not considered the daughter's asset. You wold have to prove that the daughter inherited one half of the account when the father died, otherwise, the account will have to be used for the mother's care until depleted.
Answered on May 22nd, 2013 at 8:22 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship