Legal Question in Wills and Trusts in Utah
Elderly Mother with adult child at home
My mother owns her own home and my sister has lived with her for twenty years. We are worried that when Mother passes the home won't be protected. We want my sister to get the home, what should she do to ensure that it would fall to her?
2 Answers from Attorneys
Re: Elderly Mother with adult child at home
In order for your mother to ensure that the house goes to your sister, your mother is going to have to prepare either a will or a trust. If she prepares a trust, she will need to be sure to transfer the title to the house to the trust. There are other considerations if she is concerned about medicaid. If you have further questions, please call me.
Randy M. Lish
Re: Elderly Mother with adult child at home
Two choices: Best: place the house in a trust with the sister as the named beneficiary of the house upon your mother's death. Second: Place the sister on the title as joint owner with rights of survivorship. The first is preferred because it allows that the house could be sold if needed to protect your mother - i.e. in case she needed the equity in the house for mother's health care.
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