It should go to your wife's estate.

A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.

In California you need to have your sister appointed Conservatorship. There are two ways to do it: of the Person and of the Estate. The Person is way easier and will take care of all you say you need.

Grantors and Trustees.

Nobody else gets a say in the matter.

None. Ish.

When she passes the house to you, it gives you a stepped up basis with regard to capital gains taxes. Her tax basis was what she paid but yours will be what the value was when she died (good for you financially). So you will only be taxed on any gain from the date of her... View More

One solution I have seen is to issue her non-voting shares. These will have 40% less value than a regular voting share because they have no control. That would allow you to give them to her at $25,000 per year without filing a gift tax return.

Being the oldest doesn't help. Someone petitions the Probate Court to be the administrator. If the siblings object then the judge will yell at them to find a solution they can agree on, like even a professional service.

The parents.

Yes, you can make a joint trust even if you aren't married. That is the best way to do things if you are together and want to take care of each other after one's untimely passing.

I am not sure exactly what you are asking, but if when I transfer property into a living trust I write on the deed "Transfer to inter vivos trust per Cal Tax & Rev Code 11930". I put it near the transfer tax line.

Depending on the county, they may also want a Transfer Tax... View More

Start with Adult Protective Services. I have had great luck with them and they will refer it to the office it needs to go to.

The main issue is that it is not enforceable. Also, you are trying to take payment for something without calling it income.

No. The power of attorney lost its authority when your mother passed away.

Just go to the courthouse (the county Probate court should work best) and look it up on their computers. You should be able to search the Probate files with just the name of the deceased; if not the clerk can help you. Then look at the File and print up the Will that was entered into the court.

If yo ualready have the trust, all you have to do is make a new deed and record it with the County Clerk. The clerk will charge you about $25 if it is your residence and $100 if it is not. If you want the deed written for you then it is probably about $250.

If you need the trust written... View More

A Conservatorship is filed in the County where she lives. You can ask the judge for special powers to put her in a facility where she can be kept from wandering, but your doctor has to support it and the judge won't want to do it unless it really is the best thing for Mom; the same procedure... View More

The husband can leave his half of the community property and all of his separate property to whomever he wants.

It won't matter for capital gains who he leaves it to though. That person, spouse or stranger, will inherit the property at a stepped up basis (erasing the capital gain... View More

No. Absolutely not. The Trustee must follow the instructions of the Trust.

There will be no capital gains tax on inheritted assets, except on the gains since you inheritted the asset.

If mom died without a Will (called dying intestate) then the Probate Court has to approve the disposition of her assets. Someone has to go to the Probate Court where she died and start the proceedings. It won't matter where you live. Her assets will be divided per the law which generally... View More

A Living Trust will not solve the payback problem anywhere except California. In the lesser States it requires an Irrevocable Trust.