If my mom had a joint bank account with my name on it and now is in a nursing home, can an attorney take my name off to make it a state account?

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If my mom had a joint bank account with my name on it and now is in a nursing home, can an attorney take my name off to make it a state account?

Why wasn’t I able to withdraw half?

Asked on April 6, 2012 under Estate Planning, Connecticut

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Normally, you would be entitled to all of the monies jointly with your mom, not half and half. Meaning if your mother were to pass away, this bank account would not need to be probated (assuming there was no will or trust). It would fall outside of probate because your name is on the account and you would simply need to present the death certificate and the account could be solely in your name from then on. Here, your mom is in a nursing home and nursing homes (think Medicaid or Medicare) usually have a stake in your mom's assets (from bank accounts to homes) for monies owed to the home. The attorney cannot take your name off of the account. Even if your mother was declared incompetent, the only way I can see an attorney attempting to take your name off is if your mother had the sole discretion to place you on as a joint account holder. Contact the bank and file a complaint with both the bank and the agency who regulates the bank and file a complaint with the state bar regarding this attorney.


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