The Consequences of Adding a Child’s Name to Your Bank Account (2024)

FAQs

The Consequences of Adding a Child’s Name to Your Bank Account? ›

Adding your kids' names to assets can create several legal issues and risks. If your child has a creditor, legal judgment, bankruptcy, or is going through a divorce, adding their name to any of your assets (including a bank account or home deed) can potentially make your assets vulnerable to seizure.

Although it can be useful to have another party available to keep track of bills when you're sick or away, adding a child's name to a bank account may be more of a hassle than it's worth. Doing so may have unintended consequences for both you and the child.

Adding your child to an account or deed may constitute a gift requiring the filing of a gift tax return with the IRS. Once a child is added to your bank account, he or she can withdraw some or all of the account or can try to sell or mortgage his or her share of the house.

If you have a joint account, you both may have to pay taxes on a portion of the interest income. However, the bank will only send one 1099-INT tax form. You can ask the bank who will receive the form because that person has to list the income on their tax return.

You could jeopardize your parent's financial security if you have financial challenges. For example, creditors can take the money in the joint account as collateral to settle your debts. Additionally, the funds in the joint bank account can also affect your eligibility to qualify for college financial aid.

Joint account holders have the same rights and access to an account as the primary account holder. A joint account holder can designate beneficiaries to the account without authorization from the primary account holder. A beneficiary has no rights or access to your accounts.

Estate Tax Consequences

If the surviving joint owner is not a spouse, then the fair market value of the entire account will be included in the decedent's estate. If the surviving joint owner is the surviving spouse, then only 50% of the fair market value is included in the value of the decedent's estate.

The primary way the IRS becomes aware of gifts is when you report them on form 709. You are required to report gifts to an individual over $17,000 on this form. This is how the IRS will generally become aware of a gift. However, form 709 is not the only way the IRS will know about a gift.

Can my parents give me $100,000? Your parents can each give you up to $17,000 each in 2023 and it isn't taxed. However, any amount that exceeds that will need to be reported to the IRS by your parents and will count against their lifetime limit of $12.9 million.

Why shouldn't you have a joint bank account with your parents? ›

Creditors can take funds from the joint account to settle your debts. Assets in the joint account could affect college financial aid eligibility for any children you have and your parent's eligibility for Medicaid to cover long-term care costs could be impacted if you're making withdrawals from the account.

Joint Bank Account Rules on Death

"The joint owner becomes the legal and equitable owner of all funds in a joint account at the instant of death," says Doehring. "It does not become part of the probate estate."

All owners of a joint account pay taxes on it. If the joint account earns interest, you may be held liable for the income produced on the account in proportion to your ownership share.

In some situations, you might be looking to have an adult child help to monitor your accounts to make sure there's no unauthorized withdrawals or fraud and to keep tabs on bank charges. For some families it might work out, but for many others, adding someone like a child as an owner of your account may be risky.

It's common for elderly parents to open a joint account with their adult child to help them manage day-to-day finances. But when it comes to the death of the parent, it can lead to inheritance disputes if there are other children in the picture.

Legal consequences of a joint bank account

Creditors of either owner can use the account to satisfy debts. An account can be drained if the parent or child has unpaid debts. Siblings could be disinherited. Depending on the terms of the account, the money could go to the co-owner when a parent dies.

Sue, Generally, I do not recommend that parents add their children as co-owners on bank accounts. When a child is a co-owner, if someone sues the child, the parent's funds would also become part of that lawsuit. The same applies if the child goes through a divorce or bankruptcy.

Minors can have access to savings accounts, checking accounts, and custodial accounts. They will need a person 18 or older to open the account with them. Checking accounts are usually only available to minors age 13 or older. What documents are needed to open a bank account for a minor?

Creditors can take funds from the joint account to settle your child's debts. Assets in the joint account could affect college financial aid eligibility for your son or daughter's children and your eligibility for Medicaid to cover long-term care costs could be impacted if your child makes withdrawals from the account.

It is very common for parents to put their children's names on their bank accounts, deeds, and other property so that the children can assist their parents with paying bills or managing their finances. It is also quite common as a do-it-yourself estate planning technique.