QUESTION

Hello, My grandmother added me to her bank account. She has now apssed away. Can I create a bank account for my parents with some of that money or

Asked on Jan 08th, 2012 on Trusts and Estates - Michigan
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create one with there name and my name on it? Is this legal and do I have to pay any estate taxes? This is all under $500,000.00, Also, she has a house she willed to my brother that is paid off. The house needs lots of repairs and probably only worth a few thousand dollars. If we let the house foreclose by not paying taxes will that happen under my grandmothers name?
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1 ANSWER

Real Estate Law Attorney serving Morristown, NJ at Orloff, Lowenbach, Stifelman & Siegel, P.A.
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Adding someone to a bank account usually means they become a joint owner.  You need to look at the contract between the bank and the depositors to know for sure. If a joint ownership was created, the account generally becomes the surviving owners at the passing of one of them.  This is called joint ownership with the right of survivorship.  Once again, you have to look at the contract with the bank.  If the account is yours, you are free to do anything you want to with the funds.  But, each state has its own laws on inheritance or estate taxes.  I suggest you speak to a local lawyer or, perhaps, call the county courthouse and ask them if such a tax might be due.  It seems unlilkely that any federal estate tax would be due since the exemption is $5,000,000.  I hope this helps you.
Answered on Jan 13th, 2012 at 10:22 PM

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