The Perils of Joint Bank Accounts
by Kelly Karczmar on 10/07/15
JOINT BANK ACCOUNTS: FRIEND OR
FOE?
Many children assist their elderly parents with the
management of day-to-day financial affairs. As an example, an adult child may
review and arrange payment of their parents’ monthly bills. To facilitate this,
many elderly people open joint bank accounts with their children.
This help can be indispensable. Senior citizens
(particularly older seniors) are at great risk of financial abuse. An adult
child can provide effective protection against this risk.
Notwithstanding this, it’s important to recognize that there
are significant risks associated with joint accounts. These risks exist even in situations where
the joint account owners have each other’s best interests in mind.
Judgments and Debt
Issues
If one of the account owners encounters financial hardship,
then the account can be vulnerable to judgments, liens, garnishments and other
debt-related hazards.
Even responsible people suffer unexpected (and sometimes
dramatic) financial crises. Unforeseen medical bills, a job loss, or a divorce
may render a person financially insolvent. When that happens, a joint bank
account serves as an attractive resource to unpaid creditors. Joint accounts
can be accessed (and even emptied!) with no recourse for the joint owner.
Divorce
If an adult child and elderly parent share an account, and
the adult child divorces, the account may be considered as an available asset
to be split in the divorce proceedings.
Estate Planning
Confusion
Most joint accounts pass automatically to the surviving
owner when the other owner(s) dies. When an elderly parent dies, the proceeds
of the account will typically pass to the surviving owner(s). This may be in
conflict with the wishes described in the parent’s will or trust.
Risks of Joint Access
If two or more people are joint owners on a bank account,
the money in the account can be immediately accessed by any one owner. This
enables one owner to empty the account without the consent of the co-owner.
This is possible despite the relative contributions of each
party. As such, it’s possible that one owner could contribute 100% of the funds
in the account, and those funds could all be withdrawn by the owner who did not
contribute funds.
Either owner has the right to use the account funds without
receiving prior approval from the other owner(s).
Tax Implications
If one owner places a large amount of money in a joint account, and another owner removes money in excess of the $14,000 annual IRS exclusion, then there may be a gift-tax filing requirement.
BETTER IDEAS:
For seniors who need
help handling financial affairs: a financial power of attorney can be
created. This enables adult children to handle their parents’ financial
responsibilities without making their parents’ assets vulnerable to the child’s
creditors, spouse, or IRS regulations.
A financial power of attorney can be written so that the
adult child has immediate authority to handle affairs, or the authority can
spring into existence only upon the parent’s incapacity.
To avoid
probate: You can ask your financial
institution to create a “payable on death” account. This enables the account to
pass directly to your beneficiaries immediately upon your death; OR
You can create a trust. Your trust declaration can be
structured so that your assets are well-managed without being susceptible to
the creditors of your trustee(s) and/or beneficiaries.
You’ve worked hard to build your nest egg. You should protect it to the
fullest extent possible. Attorney Kelly Karczmar can help you to determine
which options are best for you.