As people get older, the asset succession and access becomes an important topic to address. Unfortunately, most people don’t know what they don’t know when it comes to proper estate planning. A common strategy used by elderly individuals is to add their child(ren) to their house deed and their bank/deposit accounts to “make things easier” for them. Unfortunately, this type of planning strategy comes with some substantial risks.
Adding a child to your accounts and home may allow them to have access to your money, but that comes with some significant downside. If you have a parting of ways, for whatever reason, your child may be able to withdraw your money without your consent being needed. They may also act as a blocker to selling your home if needed.
Joint ownership with your kids means that your kids have an undivided ownership interest in your assets, which will also make them available, at least to the extent of the ownership interest, to the creditors of your kids. This may include financial creditors, personal injury plaintiffs, or spouses during a divorce. Ownership comes with the pros and the cons.
If your child owns an interest in your assets and predeceases you (dies before you do), their plan or lack of a plan (intestacy) may have an impact on your assets. If they are on the deed to your house, their heirs may now become your co-owners instead. Joint ownership of financial accounts with one child may also result in your other children, if any, being cut out of their share of that/those accounts. Joint ownership of your home may have the same result depending on how it’s titled.
Generally the interests of access and ease of succession can be accomplished without adding kids to your assets. A Financial Power of Attorney may be used by a named agent (also known as an “Attorney-in-Fact”) to access your financial accounts or sell your home if needed. And adding a “TOD” (transfer-on-death) or “POD” (payment-on-death) to your children can allow them to receive your accounts immediately after you pass.
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.