Legal Question in Wills and Trusts in Washington
Elderly mother's estate
For almost 20 years, I and my husband have been the only caregivers for my mother who is now 96. Her 2 small bank accounts are in our names as joint tenants, and as her daughter, I have been designated as her power of attorney and executrix. Her only other asset is her house which her Will states I should inherit. About 2 years ago, my brother came back into her life after almost 30 years with no contact. Should I suggest that she deed the house to herself and me as joint tenants or leave it in her name and have probate sort it out?
Her Will states that my brother is not to inherit anything, but now that he is in touch with her, she may be wanting to give him some small inheritance. My mother's health is failing, and she is showing definite signs of dementia, so I'm wondering if her decisions or any changes of her wishes at this time are binding.
Also, my brother and I do not have the same biological father. His father died 45 years ago, and my father died less than 20 years ago. Before my father's death, my husband and I promised him that we would care for my mother. My father's wishes were that I and my family inherit all of their property, real and personal, upon my mother's death.
Thank you.
2 Answers from Attorneys
Re: Elderly mother's estate
There are complex issues here regarding Medicaid and self dealing. This is a situation where compentent legal help will help you to escape the pitfalls that a number of unfortunate caregivers fall into every year in Washington State when trying to protect their interests.
Re: Elderly mother's estate
WA probate is a model of simplicity compared to most other states. You are fine. Knowing nothing else, I'd suggest you shop around for a probate attorney you like and trust, just so you know who to call when the time comes.
You say she's probably not competent any more - that is very possible. If she isn't competent, then she should not be executing new wills.
The issue of asking her now to deed you the house could raise unforseen consequences because of her competency issue. If she's no longer competent, then that isn't smart.
Also, the 96 year olds I know think (rightly) that their estate planning is nobody's business but their own. You are not your mother's heir until she's gone; you have an expectancy interest, not a vested interest. She could have left everything to the Humane Society.
You are her attorney in fact pursuant to her durable power of attorney. You are not her attorney, though.
Chances are her DPOA does not allow you to change her estate plan. She can't change it either if she is no longer competent.
Thus, you take. So why would you suggest she change things?
Hope this helps. Elizabeth Powell
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