Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Good evening Mike. Your best bet is for her to have her execute a Will in which she directs exactly what she wants to happen to her assets upon her death. In the meantime, I would prevent allowing one of the stepsons from getting POA which would give him authority over her assets. If you think he might circumvent you, you could preempt him by having your mom declared incompetent of managing her own affairs and you appointed her guardian.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
I don't feel she is "incompetent" & neither would she. She is somewhat confused & concerned about things now. Any other options?
What can you tell me about "Trust's" ?
And how best to protect what assets she has now in case she needed to go into assisted care?
If she goes into a nursing home at any time within the next 5 years, the government will be able to take her home no matter what you do with it. She could put all her assets into a living trust...which is really an instrument to avoid probate by putting them into a trust that she controls, but while provides for the disposition of the assets upon her death. Once in the trust, the other stepsons could not circumvent her wishes.
I will accept & appreciate the advice.
Are any additional questions included in my cost?