QUESTION
How can I have access to father's bank accounts and pension since I am now responsible for taking care of him and paying his bills?
Asked on Feb 28th, 2014 on Estate Planning - Nevada
More details to this question:
My father who is 87 retired in 1986 after 36 years with a company. He receives a pension and social security payments. My mother died in 2004. My father remarried in 2006 and moved into his 2nd wife's home. I am now having to care for him as his current wife was no longer able to do so (she is 83). They have separate checking accounts but his wife is a cosigner on his account. I am now responsible for paying his bills with his pension and money in the account yet she and her family maintain they are entitled to a fair distribution of the cash and pension. She doesn't want a divorce and in his condition of dementia, he doesn't remember her.
12 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the assistance of a probate attorney who specializes in conservatorship and obtain the appointment of yourself as his conservator over his person and estate; once you have an appointment as conservator, you can set up a separate account and direct payment of the SS and pension to the new account, so you can pay his bills.
Answered on Mar 04th, 2014 at 8:52 PM
Thomas Edward Gates
You need to be appointed a guardian to be able to handle your father's financial needs. Because they have separate checking accounts, it can be argued that it's separate property. If your dad was retired when he remarried, his pension only belongs to him. If he was still working, she could claim the number of years married/years working times monthly pension.
Answered on Mar 04th, 2014 at 8:51 PM
Ideally, you would have a Durable Power of Attorney to handle your father's affairs directly. If he is incompetent, he can no longer provide this to you. The family is not entitled to anything as nobody has died. It is really a matter for the husband and wife while both are living. Even then, a will or trust will state your father's intentions. If he is intestate the wife will get all from the probate court.
Answered on Mar 04th, 2014 at 8:50 PM
Edwin K. Niles
If you and the wife can?t agree, you may have to resort to having the court appoint you as his conservator.
Answered on Mar 04th, 2014 at 8:50 PM
2 Awards
You will need to get a conservatorship or deal with things the way they are. As conservator, you may be able to file for divorce but I am not sure that makes sense as I don't know how long they were married and what their assets are. If this is a big issue, see an attorney about filing for conservatorship.
Answered on Mar 04th, 2014 at 8:49 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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At this point, unless your father signed a Power of Attorney, while he was well, there is no alternative but to go to the probate court and be named his conservator. If his estate planning is not otherwise in order, then your father's accounts are likely to pass to his wife, in the event of his death, under Michigan's intestacy law. If your father and his wife signed a pre-nuptial agreement or if his estate planning DOES provide otherwise, then it is possible you will have a different result. You are not in a good position, however, particularly if this was not done.
Answered on Mar 04th, 2014 at 8:49 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You are not a co-signer on the accounts. You do not have a Power of Attorney for Property over your fathers assets. You must rely upon the consent of the spouse to pay your father's bills since she must be the one to sign the checks. In the alternative, since your father has dementia and is unable to understand or handle is own financial affairs you can establish a guardianship and have a guardian appointed. The guardian, under supervision of the court, would have the authority to manage your father's assets and pay his bills and expenses. However, a portion of household income and assets must be used for the benefit of the spouse.
Answered on Mar 04th, 2014 at 8:49 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to be named guardian of him and conservator of his estate. There is no other way to do it without a durable power of attorney, which it sounds like you don't have. Contact a local attorney who does that type of law.
Answered on Mar 04th, 2014 at 8:48 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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File a petition for conservatorship. That will give you the authority to handle his affairs.
Answered on Mar 04th, 2014 at 8:48 PM
Your father's wife is not entitled to her "fair share" of your father's estate until he is deceased. And since she can't care for him, she will need to provide funds for someone else to care for him unless there was a prenup agreement that provides otherwise. If she won't let you use your father's own money to pay for his care, ask her if you can have access to her funds for this purpose. You may need to get a judge to make all of this clear to her.
Answered on Mar 04th, 2014 at 8:48 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You will need to petition the court to be named his conservator, and maybe guardian. I strongly recommend that you seek counsel of an experienced elder law attorney.
Answered on Mar 04th, 2014 at 8:48 PM
3 Awards
You need to be appointed his legal guardian by the Court. You should employ an attorney with experience in guardianship to assist you.
Answered on Mar 04th, 2014 at 8:47 PM