Legal Question in Wills and Trusts in California
Will, Joint tenancy or adding someone to deed?
I'm benificary to a will of a 75 yr. woman. We've not married,been together 8 years. I'm 60,not related. She purposly named and left her estranged daughter nothing. They've had no contact for 30 years.
Her will was made and notorised in 98.
Recently she notorised a Living Will for Advanced Healthcare. She purchased her home in 99 for 57,000.
Now its alued at 180,000. As of this date I estimate her estate 220,000, more or less?
Tax & Probate wise, for her, for me, what would be the wisest choice on or before her passing?
1. Wait,and Quict Claim the house to me when we believe
she's just about to die?
2. Add my name to the deed now as Joint Tenant?
3. Also would estate be eaten up should she
some day require nursing home care. Her SSI monthly income is only 734.00. She not on medicare but on Inter Valley Health Care.
Recently she almost died due to dehydration and not eating for over a week. Said she'd rather die at home than go to a hospital. Her doctor said she'd get her wish.
Parimedics determined she was mentally sound therefore could not force to go. Fortunatly 3 days later she fell & cracked her head open. Paramedics then forced her to go.
She's home now and slowly recovering.
1 Answer from Attorneys
Re: Will, Joint tenancy or adding someone to deed?
A notorized will is invalid. If she wants you to have the house, then the best way would be for her to deed the property to both of you as joint tenants.
As far as medical, they could have a claim on part of the property if they help pay for her care.
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