Dear Len & Rosie,Mom is 78. She has some money, a little over $100,000, in a affidavit of drop and her blockage accounts.
She has put me on as a attestant on all of her accounts. She lives in a bivouac park. She owns her trailer, account about $75,000, but pays hire on the pad.
She wants to put me on the bivouac so I could advertise it if she got ailing or worse.
Can she do that? Would it achieve her goal?
Your mother is aggravating to do her acreage planning on the cheap.
This isn’t such a bad idea, because she hasn’t got a lot of money, but it’s important for both you and her that she does it right.
If your mother gave you signature ascendancy on her coffer accounts, you will accept admission to her money, but alone until her death.
If aloft her afterlife her accounts are account beneath than $150,000, you can aggregate them 40 canicule or added afterwards her afterlife application a anatomy provided by the coffer or a acknowledgment beneath California Probate Code area 13101.
If the accounts appear to be account added than $150,000, again her acreage will be accountable to probate in the courts. This would be big-ticket and time-consuming.
To abstain probate altogether, your mother can put her coffer accounts and her adaptable home in collective control with you.
It’s accessible to do at the bank—the teller will do all the assignment for her, but it’s added difficult to alteration the adaptable home. She will accept to get alteration forms from the California Department of Housing and Community Development at hcd.ca.gov or accept a appellation allowance aggregation do the paperwork.
But afore she does this, she should analysis with the adaptable home park. Many parks will not acquiesce owners who don’t absolutely alive there.
Putting you on appellation to her adaptable home will accomplish it easier afterwards her death, but you wouldn’t be able to advertise it afterwards your mother’s signature unless she additionally gives you a Durable General Power of Attorney.
She needs one, and she additionally needs an Advance Health Care Directive (AHCD). If she should anytime become incapacitated, there are all sorts of legal, financial, and medical decisions you may accept to accomplish on her behalf.
Without a DPOA and AHCD, it could become all-important for you mother to be placed into a conservatorship, aloof to acquiesce you to conduct business on her behalf. You can download a chargeless Advance Health Care Directive at lentillem.com.
Finally, if you are not the alone adolescent and your mother absolutely wants to leave aggregate to you, again balloon aggregate we said about your mother accomplishing it herself.
If your mother is planning on disinheriting her added children, she needs to see a lawyer, afterwards you actuality there, to actualize a will to aback up her putting aggregate into collective control with you.
If you were to get sued by antagonistic ancestors afterwards your mother’s death, you’ll accept a abundant bigger adventitious of acceptable if you’re not the alone articulation aggravating to argue the adjudicator that your mother capital to all to go to you.
The advocate and his or her agents will be aloof assemblage who can affirm as to your mother’s wishes.
Len Tillem and Rosie McNichol are ancient law attorneys. Contact them at 846 Broadway, Sonoma, CA 95476, by buzz at 707-996-4505.
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