Legal Question in Wills and Trusts in California

My mom developed complications after a routine surgery. When it was realized that she might not make it, a notary came to the hospital room and she signed a will with two witnesses. The will said everything to be split equally three ways between my brother, sister and myself. She owned a condo that was paid off completely.My mom inherited the condo from her mom who had a living trust. My mom and her sister received their inheritance with such ease and piece of mind at a difficult time. My mom had intended to set up a living trust to give us that same ease when the time came. I was her caregiver for her severe arthritis and she wanted me to help her with the trust. We had different books to guide us, but whenever we talked about it was just too overwhelming. We were going to get help with it after her knee surgery, the same surgery that she passed away from after contracting a lung infection. With the living trust in mind, my mom had my sister who is the eldest, put on the deed when she took her sister, my aunt off. They dissolved their trust my grandmother had since she was no longer living. Knowing that my sister wasn't versed well enough in this area she added my brother later. My aunt told her to put all the children or none. The taxes went up quite a bit after adding my brother. My grandmother had owned that condo since 1976 and the taxes stayed at that rate. I declined being added at that time. I thought it would disqualify my financial aid, loans etc. I didn't see the need to be on the deed. When she died, an attorney did a quitclaim to remove her name, and again I was asked if I wanted to be added on it. I didn't want the taxes to go up again, so I said no. I knew we had to sell anyway and I had no reason not to trust my siblings giving me my third. Now escrow has closed and my sister ended up with 2/3, my brother 1/3. Can my sister just give me my 1/3 ? Will I be able to exercise the no inheritance tax. How do I show that this was part of the estate that I was promised 1/3, if my name wasn't on the deed. Also, how do I set up an education fund or trust for my son and a special needs account for my adult disabled daughter. I don't want to be tied to someone who knows even less about finances than I.(my sister) Can I put it all into a living trust for the kids and be executor? Any ideas to make the money work for me? I am taking personal finance in summer school at my community college where I am working on an A.A. degree with an emphasis in business. What else can I study online,books, tutorials etc? My sister just put my 1/3 in an interest bearing savings account yesterday. She lives in another state and has a 10th grade education, has a learning disability which was not addressed when she was a child, resulting in her frustration in school causing her to drop out. I trust her, but she just isn't a smart choice to have control over my money. My brother had to walk her through opening the account, which is in her name only. Please help! I need someone to help me set this up. I live in Ca. Will her state laws come into play? My mom always has lived in Ca. and she died here as well. My sister has my money in an account in Idaho. My brother thinks that if she gives me my portion after the checks clear, I will be taxed as if it was income. How do I show that it is my inheritance? I guess she took our check (in her name) and opened two accounts to divide it, but both in her name. Does she have to explain where her money went when she does 2011 taxes? Any advice will be greatly appreciated.

Thank You

Should Have Been On Deed


Asked on 6/04/11, 4:48 pm

1 Answer from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

The flat reality is this was handled badly from the start but with reasonable explanations I suppose. You needed to set up a special needs trust before now and they are very complex, involving benefits planning and tax considerations. The short answer is you need to talk to an attorney about this all. Many will do a free initial consultation. Look at the Find A Lawyer tab in the upper right corner.

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Answered on 6/13/11, 12:10 pm


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