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Even if someone else is the financial POA which would be ridiculous if your sister's name is on the bank accounts and handles your parents finances, the bank accounts are legally hers.
She now has to go to the bank with a copy of the death certificate and get your mother's name removed from the accounts. She should do this right away. She should talk to a tax lawyer or accountant just to be sure because these bank accounts probably won't even need to be probated.
Was your father's name on these accounts at any time? If it was no one paid taxes on the money in the accounts when his name was taken off the accounts.
The money in the joint accounts has already been taxed if came from taxable income. No, your sister does not have to pay taxes on it again. It's her bank account.
Your sister was on this account as a co-owner? It's important to know if she was registered as a signer as in POA or a co-owner. If a co-owner the account becomes hers the moment your mother is gone. She takes the death certificate to the bank and the account becomes hers. She then is the taxpayer for any interest earned by the account at the end of the year. All of this information should be verified by your sister AT THE BANK. They are the best resource for this question. Best of luck.
The sister is not the POA. She has joint accounts with the mother. The bank accounts are the sister's accounts. If taxes were already paid she will not have to pay them again to remove her late mother's name from her own bank accounts. They do not have to be probated either because they are joint accounts. One holder died, so the other holder owns the accounts and the contents thereof.
THats a good question. From what I understand, not all bank accts are the same. It has to do with how its worded "and" or "or". If set up as her as POA that stopped at death. I would ask the bank.
If it is the state of Ohio and your on the bank accounts it must say POD (payable on death) as POA no longer exists here for bank accounts. Check with the bank in your state.
I'm sorry for your mother's loss. Your sister was a joint account owner. After your mother passed away, she is now the sole owner of that bank account and will pay income taxes on it, because she did not have POA for your mother.
If its worded so that your are a joint owner, not just having the ability to sign, then I say no you don't pay taxes. Because money being placed into that acct has already had taxes deducted. There is no way on a joint account whose money was deposited.
If signee only or POA, that money becomes part of the estate, IMO. Talk tovthe bank to see how acct was set up, then talk to Probate. If it becomes partbof the estate then you pay taxes according to what you receive. We received almost 50k from my MILs estate and paid no income taxes on it.
I believe it depends on who has legal authority to manage your mother's / parents legal affairs. I believe 'that person' is responsible to pay whatever is owing.
Obvious question: Did you ask / discuss this with your sister. If not, I wonder why not?
* Do you / did you have access to any financial documents (banking accounts, investments, etc.?)
* Who handled all these? and were accurate records kept of expenditures? - Do you/someone have receipts for purchases?
It appears that you need to talk to your sister and find out who has legal authority to make these decisions. If there isn't a Will or anything designating anyone, then call an elder tax attorney and/or the IRS. You need to find out the legal / your legal obligations.
I might be wrong but I don’t think k joint accounts entitles you to do whatever with the money check if a will was done then get legal advice don’t guess on money it has a habit of coming back to bite
If your sister is on their accounts, she was an "owner" of the accounts along with your parents. Now that your parents have passed, she is the sole owner of those accounts. You do not pay taxes on money you already own.
When did mom pass away? The owner of the account pays the taxes. That would be the first name on the account. Sisters name should be second name on account. So if mom passed away in 2024 then on the 2024 taxes (done in 2025) then the owner (mom) will pay taxes on the interest on the bank account. The rest of the money becomes part of the estate and that is distributed among the beneficiaries.
Taxes are only paid on interest earned on bank accounts. Unless there's a TON of money in those accounts, most of us earn interest literally in the PENNIES!
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
She now has to go to the bank with a copy of the death certificate and get your mother's name removed from the accounts. She should do this right away. She should talk to a tax lawyer or accountant just to be sure because these bank accounts probably won't even need to be probated.
Was your father's name on these accounts at any time? If it was no one paid taxes on the money in the accounts when his name was taken off the accounts.
The money in the joint accounts has already been taxed if came from taxable income. No, your sister does not have to pay taxes on it again. It's her bank account.
The sister is not the POA. She has joint accounts with the mother. The bank accounts are the sister's accounts. If taxes were already paid she will not have to pay them again to remove her late mother's name from her own bank accounts. They do not have to be probated either because they are joint accounts. One holder died, so the other holder owns the accounts and the contents thereof.
If her mom has passed away the account may as well be closed. Just make sure all of the final bills have been paid.
If signee only or POA, that money becomes part of the estate, IMO.
Talk tovthe bank to see how acct was set up, then talk to Probate. If it becomes partbof the estate then you pay taxes according to what you receive. We received almost 50k from my MILs estate and paid no income taxes on it.
Obvious question: Did you ask / discuss this with your sister. If not, I wonder why not?
* Do you / did you have access to any financial documents (banking accounts, investments, etc.?)
* Who handled all these? and were accurate records kept of expenditures?
- Do you/someone have receipts for purchases?
It appears that you need to talk to your sister and find out who has legal authority to make these decisions. If there isn't a Will or anything designating anyone, then call an elder tax attorney and/or the IRS. You need to find out the legal / your legal obligations.
Gena / Touch Matters
check if a will was done
then get legal advice don’t guess on money
it has a habit of coming back to bite
The owner of the account pays the taxes. That would be the first name on the account. Sisters name should be second name on account.
So if mom passed away in 2024 then on the 2024 taxes (done in 2025) then the owner (mom) will pay taxes on the interest on the bank account. The rest of the money becomes part of the estate and that is distributed among the beneficiaries.