Legal Question in Wills and Trusts in Ohio

wills, estates & trustees

My uncle had money in an account. My husband, who is my uncle's power of attorney, put the account into his name so he would be able to use those funds to help with my uncle's care (my uncle has Alzheimers and is in an assisted living home.) Being questioned about its legality, we put the money into my mom's name. If she were to preceed my uncle in death, this money is designated to go into a fund for my uncle's care with the trustee being my husband/my uncle's power of attorney. If, then, my uncle were to die, would the will of my uncle or my mom designate where the money goes from there?


Asked on 8/20/08, 4:06 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: wills, estates & trustees

If I understand your question, and I'm not sure I do, if your mom were to preceed your uncle in death, the money in your mother's estate that is set aside for your uncle's benefit would be placed in a testamentary trust and administered through the court, most likely with someone from the family, perhaps your husband, serving as trustee. Once your uncle dies, that money is distributed to his heirs or wherever your mother's will says it goes.

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Answered on 8/21/08, 2:27 pm


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