York, PA asked in Estate Planning for Virginia

Q: I would like my son to inherit my mother’s home instead of myself. Can I do this if she is unable to amend trust?

I am trustee and beneficiary of my mother’s revocable trust, also POA. My husband and daughter are listed as beneficiaries if I were to die, but my sons are not.

Mother is in a memory care facility with dementia.

As trustee, if the three of us sign a disclaimer, am I allowed to pass the house to my son, as he is my progeny?

I don’t think she can follow along well enough to amend her trust even though she would agree with my wishes.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: There are often opportunities for tax savings as well as better planning in this sort of setting, but much depends on what the trust says. I see you are across the border in York, PA. I can refer you to someone, but you need a Pennsylvania admitted trusts and estates lawyer.

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