Waldport, OR asked in Elder Law and Estate Planning for Arizona

Q: Can the few stocks and bonds of my 87 year old mother, who lives in Phoenix, AZ be rolled into her existing Trust?

She is legally blind, due to macular degeneration, and may not be able to live in her home any longer. Her 93 year old partner, who provides much of her care, is terminally ill, hospitalized, and may not survive the month. I have legal power of attorney for my mother and am trying to secure assistance for her. She only receives about $1500/month with social security. Thank you for your help!

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1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Estate Planning Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: It is hard to say without knowing more about the existing trust. However, in very general terms, property can usually be added to an existing trust without having to modify the underlying trust document, or at least with only having to modify the appended property list. With property such as a brokerage account, you would likely want to get the entire account transferred to the trust through the brokerage, which is a process with which the brokerage would be familiar. They would provide you with the paperwork that they need to accomplish that. If she owns the stocks directly, rather than through a broker, then you would need to contact each issuing company directly for their process.

A couple of things to note here. First, another very powerful option might be a pay on death or transfer on death designation.

If the trust still says what it needs to say, you likely wouldn't have to change the trust document itself (just maybe the property list). However, if it has been a while since the trust was created, or some of its terms no longer apply, it would be a good idea to have it reviewed in full.

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