He is not allowed to isolate the senior. This is a form of elder abuse.

Go to your local court house to find the restraining order clinic and they will help you get a restraining order to fix this.

The issue is whether we need to protect that money from long term health care. That is a crap shoot to some extent, so it depends on mom's age and health. But if it goes into an irrevocable trust and is in there 30 months then it becomes invisible to the government when they look to see if... View More

Not sure what you are looking at. There will be no transfer tax due for a transfer in or out of a trust for your own benefit. You need the deed to state that it is a transfer per Tax and Rev Code 11930 so that the clerk know no tax is due. You will also need a PCOR form from the clerk which is... View More

That depends on his residency status and whether the IRS would look at him as a resident of the US with intent to stay. If you pass the test then he is taxed like a US citizen and no issues arise. If not, then the tax situation is much different (worse).

Most people will benefit from a Living Trust, coupled with a "pour over" Will (it pours your stuff over into the Trust -- I did NOT invent that name myself). A Trust allows you to plan your estate without it going through the Probate process after your death (even a modest estate without... View More

The beneficiary has no rights or expectation of assets from a Living Trust because the gift is just a plan to give, maybe. Change the Trust all you like. You might even want to change the gift to this person to an irrevocable trust that can be proof against his creditors.

Nothing beats an attorney giving you personal service tailored to your needs, because mistakes are very expensive in this field. BUT, yes, FreeWill is reputable and honest.

No.

It is past time to go to the court and ask for a restraining order. Your local courthouse will have a free clinic that can advise mom on how to do it, they will prepare the papers and point he in the right direction. Financial abuse, violence or the threat of violence and isolating from family... View More

Yes, but be VERY careful.

Some trusts are very complex and some aren't. The trick is to make sure that you only change what you want, without effecting any other part.

Don’t gift away large assets!

This is all about your tax basis in the asset. The tax basis is the amount the IRS uses to figure out your profit when you sell, so they can tax the profit. Usually, this amount is the purchase price.

If you give someone an asset, you also give... View More

That depends on how the deed is worded. If it lists you as a joint tenant with rights of survivorship then you are now the full owner and skip Probate, but you need to file an affidavit with the county clerk and show them the death certificate to get the house recorded in your name alone.... View More

If she left it in a Will then you have to go through the Probate Court and get the court to order the new deed.

If she used a Trust then you could skip that step.

You bypass Probate. But you need to file an Affidavit of Death of Joint Tenant with the County Clerk. The clerk's web site will have the form.

It sounds like only the first deed is valid. Jack & Jill were not the owners as individuals at the time of the second execution, that is, if the second transfer was as individuals as you imply.

Probably she gets everything if there is no divorce and no Will or Trust that says differently.

If they are divorced then she gets nothing.

If they have children then they get a share.

She can grant you Power of Attorney if she has the capacity to.

It sounds like it might be too late for her to sign anything. In that case you have to get the court to grant you a conservatorship. It will require a form from her doctor plus a pile of papers, and an investigator will... View More

Do you mean to do the Probate, or to do the planning?

For Probate, then yes local will be best.

For estate planning, find someone you are comfortable with. Location won't matter.

If she is receiving SSI then sudden money will kick her off, probably. If she is getting regular SS then that won't stop, but it may make some of it taxable.

The Special Needs Trust would have to be a Pooled Trust because of her age. A charity runs it and decides how to spend the... View More

TIC, or put it in a Trust.

Joint tenancy would mean that when A dies, B gets it all. B may not remember or want to give assets to the children of A. B might just meet a new person after the funeral and forget A completely! It happens, and poor A's kids get left out in the cold.... View More