Q: I have POA of my ex husband he has dementia. We want to put our son on his house deed to avoid probate...can I do this?

A: Greetings nice ex-wife from Yucaipa. As an alternative to transferring the property to your son at this time, you can create a revocable living trust to insure a smooth transfer of ownership to your son upon his father's passing. Good luck with this.

A: You can do what you propose, but the tax consequences don't make it the most appealing way to go. You would be better off setting up a trust so your son will inherit the property after your ex-husband passes. Despite the fact the trust will cost more than one deed, the amount of taxes that would have to be paid far exceeds the cost of the trust. Talk to an estate planning lawyer to learn your options and the consequences of each. Best wishes!

A: As the holder of your ex-husband's power of attorney, you may have the authority to transfer his property to another person. However, you should be aware that any transfer of property made while your ex-husband is incapacitated and unable to make his own decisions may be subject to challenge in court. Additionally, transferring property to your son may have tax implications, so it is advisable to consult with an attorney or tax professional before making any changes to the property deed. It may also be worth considering creating a living trust to avoid probate and ensure that your ex-husband's assets are managed according to his wishes.