Legal Question in Wills and Trusts in Utah

Aging, Care, Financial Question

Hi,

We bought a home for my mother-in-law 3-years-ago. My mother-in-law and husband are co-owners on the deed, but my husband and I make all the payments because she's on a fixed income ($700.00 a month). Her health is failing and I'm concerned about two things. If she passes on, will we have a problem with the house going into Probate? Also, if we need state assistance for her medical care, will the state look at the house as an assest and take what we have invested into it as payment for her care?

My mother-in-law had a Will made up in California. She's given us a copy of the Will, but I'm not sure what's in it. I feel pretty confident that she has left everything to her son, since he's an only child. If this is the case, does this help us with the Probate question above?

Thanks for your help and I look forward to hearing back from you.


Asked on 9/30/03, 12:07 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Aging, Care, Financial Question

By placing the home in her name you have given up all of the equity to her, but still have the liability. Title should be changed, giving mother-in-law a life estate or placing the title in trust with a lien for your investment. The terms of the will may dictate that the matter go to probate, there is no way to tell without reading the will. In probate you are probably not entitled to have your payments returned unless specifically provided for in the will.

A trust would avoid probate and could allow for your monies to be repaid to you. You are welcome to call for more information. (801) 876-4422

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Answered on 9/30/03, 3:17 pm


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