Joint Bank Accounts - Risks and Benefits






Benefits - Because joint bank accounts are a non-probate asset, they do not have to be inventoried in the estate's account, and legal fees are usually lower because they require less work. In addition, the taxes are less because the toal value of the account prior to death is divided by the number of joint tenants and the only part taxed is the fraction in the decedent's name.

Risks - Clients often expect a joint account to be used to pay the estate's expenses but, unless the will so states, the only part of the expenses for which the joint account is liable is the inheritance tax imposed on the joint account. In addition, a joint account will affect the client's distributory scheme because the fractional share given to a beneficiary under a will or trust will not include the amount of the joint account inherited by the survivor unless will or trust so states. What is worse, clients often do not realize that, depending upon how the account is titled, they could lose control over the joint account. If the account is titled X or Y, either tenant can withdraw all of the money. If it is titled x and y, one can't withdraw the money without the consent of the other.

There is also the inheritance tax risk that, if the younger co-tenant dies first, the older one will owe inheritance tax on the portion he/she inherits which often means he/she will be paying inheritance tax on his/her own money!



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Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 200
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984

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Elder Law Offices of Shields and Boris
109 VIP Drive
Suite 102
Wexford, PA 15090
Phone: (724) 934-5044
Toll Free: (800) 879-0984

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