Account Titling (1/12/06)
The primary reason I started writing the banker story was to pass along information and experiences so all of you could avoid financial mistakes and mishaps that other banking customers make everyday. Well, this story is one that I hope you all read and follow.
Have you thought about how your checking account is titled? If you haven’t, you’re not alone because most people don’t. Most people don’t understand the importance of the titling of their checking account, and how it could have a big impact on their life.
I’ll give you an example. Recently, a customer of mine was in a serious car accident. He and his wife kept separate checking accounts at separate banks. They were both “sole owner” on their respective accounts and therefore, did not have signatory rights on each other’s account. Fortunately, my customer survived, but he was in very serious condition for several weeks. Since most of the bills were paid from his account, his wife needed to get access to those funds so she could continue to pay their bills. Since my customer was incapacitated and unable to provide verbal or written authorization, I was unable to legally grant access to his checking account. We eventually came up with a legal resolution to the situation. However, it ended up being a tough lesson on how account titling can make things difficult.
Before you can review the titling of your accounts, you must understand the different titling options, what they mean, and how it can affect you. Some of my comments may be a little direct.
Sole Owner
The sole owner account title is just what it sounds like. Just you, no one else, no matter what the circumstances are. If you find yourself in a position where you’re unable to write checks or withdrawal funds, no one else will be able to negotiate items on your behalf.
If you die, the bank will freeze the assets in the account. There’s only three ways these funds will be released from the bank. 1.) If there’s a relatively small balance in the account, and someone can provide sufficient evidence that they contributed personal funds to pay for your funeral, the bank can legally release funds to that person. 2.) If you have enough assets, a probate estate will be established in your name by the probate division of your local government. A personal representative will be appointed to liquidate other assets in your name. Those liquidated assets will be collected into an estate account, then eventually distributed to your heirs as instructed in a will or by the judgment of a court (the court follows strict guidelines on how to disburse those funds). Your creditors will also have an opportunity to claim funds in your estate for monies you may owe. Assets in your estate will also be subjected to large estate taxes and probate court fees. 3.) If no one comes forward to claim your account funds, they will be turned over to the probate division and a public administrator will be assigned the responsibility of tracking down the appropriate heirs to distribute those funds. If no heirs are found or the amount is very little, the money is eventually turned over to the state where they will be registered under unclaimed property.
To avoid these three scenarios, you can assign a payable on death beneficiary. Upon your death, the designated person can provide your death certificate to the bank and gain access to the funds. This is very easy to do. Just take the full name, social security number, and date of birth of the person you’d like to name as your POD beneficiary to a bank branch. If you name someone as your POD beneficiary, I recommend you inform that person (assuming that they won’t want to bump you off for your riches). A couple of notes regarding a POD beneficiary: 1.) Please keep in mind that your POD beneficiary cannot gain access to funds or information about your account until you’re dead. 2.) If you choose more than one POD beneficiary, your funds will be divided equally upon your death. You can’t designate unequal portions to multiple POD beneficiaries.
Joint Ownership
This is also referred to as joint tenants with rights of survivorship (JTWRS). This titling consists of two or more people that have 100% ownership rights to the account. You can have as many joint owners as you wish on an account, although most banks probably have a limitation. The most I’ve ever seen on one account was six individuals. This means that all six people have 100% ownership rights to the account. Therefore, you better trust the person you add as a joint signer because they will have the legal ability to take all of your money and run.
There are several benefits to JTWRS. If you’re unable to gain access to your account (i.e. hurt in a car accident, or on an extended vacation), someone else will be able to access the funds on your behalf. If you die, the funds will not be subjected to the same fate as they would otherwise be, if your account was titled as a sole owner. The funds would simply be retained by the surviving owner(s). On the other hand, anyone who’s a joint signer on your account can gain access to your account funds and information. So choose your joint owners carefully and be aware of the risks involved. While rare, I have seen customers surprised to find out that their daughter went on a shopping spree with their checking account…and it was completely legal.
You can add a POD beneficiary to a joint account, but all joint owners must die prior to the beneficiary gaining access.
Trust
A trust is a legal entity that can be set up by an attorney. There are many different types of trusts that serve different purposes. I won’t go into details regarding trusts because it will bore most of you. Trusts are simply a creative and complex way to pass your assets directly onto your heirs according to a specific set of instructions. In order for your assets to be subjected to the instructions in the trust, they must be titled in the trust. Any asset titled in the name of a trust, including a checking account, will not be subjected to a probated estate. Most people don’t create a trust until they’ve accumulated a larger amount of wealth or their family situation has become quite complex as it pertains to their heirs. If you want to know more about trusts and how they work, feel free to e-mail me or call me.
Summary
There are a few other different types of titling, but these three are the most common. Please take the time to review how your assets are titled on everything from your checking account to investments. If you have an IRA or a 401K, be sure to name beneficiaries.
If you’re married and you hold separate accounts, I suggest you make each other joint owners (assuming you trust each other) to avoid my customer’s situation. If your parents are single, or feel that this is an issue they should be concerned with, please forward this blog onto them. If you have siblings who are single, maybe they should look into adding a joint signer on their accounts. If you have a secret savings account, you should at least add someone as a POD beneficiary. If you already know the social security number and date of birth of your POD beneficiary, you can add them to your account without them even knowing (although I normally suggest that you inform the person that you’re designating as your POD beneficiary).
Titling is important on all accounts, including brokerage accounts, savings accounts, investment accounts, etc. Do yourself and your heirs a favor by reviewing the titling of your accounts.
Feel free to post any questions you have by using the comments link. If you want your question to be confidential, you can e-mail me at: Brad.Landsbaum@commercebank.com.