Legal Question in Wills and Trusts in California

If your mother only has a will, you will need some type of probate proceeding. The type and difficulty will depend on a number of factors, including what the value of the house is, what other assets your mother has and what debts, if any, there are for her estate to pay. It would probably be better to put the house (and her other assets) into a trust with her as the current trustee and you and your sister as the successors. This would make things a lot easier for you if she dies or becomes unable to manage her affairs. Putting the property into joint tenancy gives rise to a number of other issues, including possibly making her home liable for your debts. A trust is a much better way to to.

We would be glad to assist your mother with this is she likes.

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Wills go through probate, trusts do not. Would it "benefit" you to go through joint tenancy? Hmm, I suppose there would be some potential "benefits". If a judgment is entered against you, the property would pay it off, at the expense of the other joint tenants. A quit claim deed would benefit you even more. If you become the owner of the property, your mom would lose her right to claim her $150,000 exemption, leaving more money for your creditors. You could have your bills paid off instantly. Also, you and your sister would lose your right to claim a stepped up basis on your mother's death, but this would mean that there would be more capital gains taxes to pay, which, of course would benefit everyone. Oh, and of course, think of the money you would save by not doing a trust.

Of course, if you have any concern whatsoever for your mom or your sister, then you will fork over the relatively few bucks it will take to do a trust.