Legal Question in Real Estate Law in Texas
mother assets(house&contents)
which route should we take with my elderly mom, should a will be made, if so,need to know how to divide her assets, which is only the house and contents between 9 childrens & should there be a durable POA, she is 77yrs old & getting dementia.
1 Answer from Attorneys
Re: mother assets(house&contents)
If she is already incompetent, then she cannot sign any of these documents. If she is still competent, then she needs to meet, by herself if possible, with an attorney to make a will and both medical and financial powers of attorney.
The powers of attorney are extremely important at this point, assuming she is still competent, so that she can appoint whomever she wants to take care of her once she slides further into dementia. The will is important after she dies, but if no powers of attorney are signed, then her estate will probably be eaten up with guardianship fees during her lifetime, and then there will be nothing for the will to divide.
With progressive dementia, you must not delay. Tell her that in order for you kids to take care of her, she needs to go see a lawyer immediately before she gets sicker.