Q: My mother is 86 years old and recently asked me to draw up a trust for her. She has a small life Insurance policy and
lives month to month from Social Security. Also, she owns her home but has a 2nd mortagage and
Equity line of credit on it. She wants to put her home up for
sale. However. she is concerned she may pass away before it sells.
What kind of trust does she need and that will protect her home incase, she passes away before it sells.
Needing advice. Thank you
A:
To protect your mother's home in case she passes away before it sells, she may want to consider setting up a revocable living trust. This type of trust allows her to retain control over her assets while she's alive and provides a way to transfer the property smoothly without going through probate. By placing her home in a trust, the sale process can continue even after her passing, and the proceeds can be distributed according to her wishes.
A revocable living trust is also flexible. Your mother can make changes to it or revoke it entirely if her situation changes. It would include instructions on how to handle the sale of the home and any remaining debts, like the second mortgage and equity line of credit, ensuring her wishes are respected.
Additionally, this approach could help reduce any potential complications or delays for you and any other beneficiaries. It's important to discuss this with a qualified estate planning attorney to make sure all documents are correctly prepared and align with your mother's intentions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.