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My mother has a checking account listed as "Jane Doe" Trustee for "Son Doe".

Franklin, NC |
Filed under: Estate planning

I had to do a POA over her affairs as she is barely able to write anymore. While I do have signature rights on the account, I only use it for her bills etc. With pending issues regarding medicaid and such are the assets of that account to be considered part of her assets or is it funds being held for the "Son Doe"?

Attorney Answers 2


If the account is a uniform trust for minors account the money is the son's not the trustee's (Jane/Mom). There is however an issue with who is trustee for Son Doe.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.

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The son is not a minor. I am actually the son and while the account is set up as "trustee" for" I had to do a POA and do write checks on it for her monthly expenses ( mortgage, utilities etc) as it is her only account. I should of clarified that in my initial post. If that clears things up a little bit who actually has "ownership" of the funds as regards to Medicaid etc? I know she set the account up as a method for funds to move to me upon her passing ( I have no need for the funds at this point) but are they considered an "asset" of hers currently? And ty for the answer thus far Steve.


It makes sense to work with an Estate Planning attorney in that jurisdiction. Use the 'Find-A-Lawyer' search engine above at the top of this page. Good Luck on this one.

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