Quinton, VA asked in Estate Planning for Virginia

Q: Estate question at Mother’s request- my father died 4 year ago. All assets were held jointly or with TOD to my mother.

Assets include property, bank accounts, stocks, mutual funds and vehicles. There is no debt whatsoever. After fathers death, my mother had all assets, except vehicles, changed to her name with a TOD to my 2 siblings and me. Property deeds were also changed to include a TOD. Question 1- when she passes away, how should any stock dividend income checks, in her name, be handled prior to transferring accounts as this transfer takes a little time? Question 2 - how will checks for household bills be written on her accounts? Question 3- if she becomes incapacitated, how are these financials handled? In other words, will I be able to legally write/deposit checks from her account on her behalf? She has a will, listing me as executor and has a directive assigning me as POA, should she become incapacitated. Assets that do not include a TOD are 2 low value vehicles and household personal property, not of significant value. Mother is 92 and in excellent health. Thank you for your time.

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Estate Planning Lawyer
  • Salem, VA
  • Licensed in Virginia

A: All great questions, and NOT suitable for a quick internet messaging site such as this. There are a lot of variables you haven't considered and not fully understanding them can cost you thousands.

Elder Law Attorneys handle this type of matter and can give you good advice. Most of the time fee for the advice is a lot less than you risk losing by not doing it correctly.

You can find an elder law attorney here on Justicia or by going to the Virginia Academy of Elder Law Attorneys website www.vaela.org and using the find-a-lawyer function (use the zip code method to find one near you)

Sonja Aoun agrees with this answer

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