QUESTION

Bequeathing money through an account cosigner

Asked on Jul 30th, 2014 on Taxation - Georgia
More details to this question:
Two years ago, my mother made me a signer on her savings account so that I could have access to funds to pay for final expenses, and then distribute about $40K to each of three siblings. Will this end up being looked as a "gift" from me personally to my siblings, and, if so, what kind of tax liability will I have. My mother is insisting this is the quickest way to distribute her funds to her kids without having to wait for probate, while also providing me with funds to run the household while her estate is in probate. I appreciate it, but I'm thinking she really needs to do a POD instead. Am I wrong to be concerned? She is elderly and ill, and I cannot convince her that she needs to see a lawyer about this.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Under the circumstances you describe, arguably you have been added to the account solely for purposes of your mother's convenience. That does mean, however, that the account will become part of her probate estate and will be dealt with that way, and that you should NOT claim the assets as surviving joint owner. If she is in Georgia, the probate process normally isn't difficult, and if she has any other assets there will need to be a probate anyhow. Expenses until the Executor or Administrator is appointed would need to be paid, yes, but if a beneficiary pays them they can get reimbursed as soon as the estate is open. If you receive the funds as a joint owner (or under a payable on death designation, which is not what you want on the account), then yes, you will be deemed to make gifts if you give assets away or use them to pay estate-related expenses (this would mean that you take the position that you were NOT added to the account solely for purposes of your mother's convenience). You are correct to be concerned. Your mother is not doing things the right way. Unfortunately, sometimes people just won't, and the ones they leave behind will just have to figure things out and make the best of it. I hope she at least has had a Will prepared, along with a power of attorney and an advance directive for health care. If she has those, and they are any good, then they can go a long way in reducing the hassles she may leave behind.    
Answered on Jul 30th, 2014 at 12:12 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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