My mother wants her portion of her parents' inheritance to go directly to her kids

[happylittlehear]

In California btw

Hi,
I've done some looking around on the site and some general internet searching, but could not find something to help my family.
You see, my mother is set to receive an inheritance from her parents' will.
Her mother is passed and my grandpa is dying....We were told that we should handle this as soon as possible, by my aunt, who has Power of Attorney (I think that is what it's called)
My mother has decided that she would like for her 4 children (myself included) to receive whatever her portion will be, without ever having it herself.
She wants to sign and get something notarized that will pass her inheritance to her children, before it is given to her.
We need to know if this is a possibility, and how we might set out to write a document that would do this.
Thank you for any and all information/advice you can offer.

 

[justalayman]

the simplest means is if grandpa can still execute a will would be for him to take whatever he was intending for your mother and instead, give it to her children.

 

[happylittlehear]

Grandpa is past the point of being able.

the simplest means is if grandpa can still execute a will would be for him to take whatever he was intending for your mother and instead, give it to her children.

Grandpa suffers from Alzheimer's and is unable to execute a will at this point.
Thank you for your response, justalayman.

 

[TigerD]

How much are you talking about?



DC

 

[happylittlehear]

Guessing

How much are you talking about?



DC

Well, my best guess would be $10,000. Possibly more, possibly less. Definitely less than $1,000,000
Sorry, I can't be more accurate.

 

[justalayman]

aha!!, maybe.

282. (a) Unless the creator of the interest provides for a specific
disposition of the interest in the event of a disclaimer, the
interest disclaimed shall descend, go, be distributed, or continue to
be held (1) as to a present interest, as if the disclaimant had
predeceased the creator of the interest or (2) as to a future
interest, as if the disclaimant had died before the event determining
that the taker of the interest had become finally ascertained and
the taker's interest indefeasibly vested. A disclaimer relates back
for all purposes to the date of the death of the creator of the
disclaimed interest or the determinative event, as the case may be.

(b) Notwithstanding subdivision (a), where the disclaimer is filed
on or after January 1, 1985:

(1) The beneficiary is not treated as having predeceased the
decedent for the purpose of determining the generation at which the
division of the estate is to be made under Part 6 (commencing with
Section 240) or other provision of a will, trust, or other
instrument.

(2) The beneficiary of a disclaimed interest is not treated as
having predeceased the decedent for the purpose of applying
subdivision (d) of Section 6409 or subdivision (b) of Section 6410.

your mother would file a disclaimer. as required in the probate code:

http://www.leginfo.ca.gov/.html/prob_table_of_contents.html

sections 260-295

the only concern I have is; what does the will say to a situation where any of the heirs predeceased the testator? If it addresses such a possibility, the will would control. If it doesn't, then it appears (and I am a novice at this so hang on for some of the folks that are much more educated in this area) it would pass to her children, barring the sections referred to in (1) and (2). I have not investigated the sections referred to in those sections.

 

[TigerD]

$10k?

Really, just gift it to the kids.

If it is more -- talk to an estate planning attorney. She can afford it.

DC

 

[happylittlehear]

$10k?

Really, just gift it to the kids.

If it is more -- talk to an estate planning attorney. She can afford it.

DC

Right, at least $10k per kid.

Well, thank you for your help, DC. I will let her know.

 

[anteater]

We were told that we should handle this as soon as possible, by my aunt, who has Power of Attorney (I think that is what it's called)

Grandpa suffers from Alzheimer's and is unable to execute a will at this point.

Your aunt does not know what she is talking about since there isn't anything that your mother can do at this point.

When grandfather passes away and she sees the will and can estimate the size of any bequest to her, she can decide what to do. It may as simple as just accepting any bequest and immediately making gifts to the children. It may be that a disclaimer will work best.

 

[commentator]

Is Momma on SSI or some sort of income based assistance that she thinks will be messed up by her inheriting from her father? If so then getting it and passing it right to her children isn't going to wash as a way to keep herself eligible for everything she is qualified for. That's the biggest reason I could think of for her wanting to do this this way. Besides, there's no way to predict how much longer her father will live, or how much of his assets will be left when he does pass away, as they will be being used for his care as long as he lives and has them. Her sister may have 'power of attorney' for him right now, but she doesn't have the power to distribute his money right now, because that money will have to be used to provide him with care. So estimates and plans and calculations of how much she'll get are pretty futile unless your grandpa is on his last breath right now.

 

[happylittlehear]

Mom

My mother is a meth addict, who has schizophrenia and bipolarism. She is on Disability due to her mental health.

We were not trying to calculate our inheritance, nor are we waiting anxiously for him to pass. She just wants to make sure that no matter what, no matter how much, no matter when he passes, that her kids get whatever she is going to receive.

The disclaimer sounds like what is needed.

Thank you for all of your replies.

I tried to post individual responses yesterday, but after pressing "submit," was told a moderator has to approve my posts before they show up on the forum.

Sorry, I don't know if they are "lost"

 

[Zigner]

Why can't your mother simply immediately gift her portion to the kids? It's no more an effort than signing a waiver.

 

[CSO286]

My mother is a meth addict, who has schizophrenia and bipolarism. She is on Disability due to her mental health.

We were not trying to calculate our inheritance, nor are we waiting anxiously for him to pass. She just wants to make sure that no matter what, no matter how much, no matter when he passes, that her kids get whatever she is going to receive.

The disclaimer sounds like what is needed.

Thank you for all of your replies.

I tried to post individual responses yesterday, but after pressing "submit," was told a moderator has to approve my posts before they show up on the forum.

Sorry, I don't know if they are "lost"

The bolded is going to pose a problem. She has money coming to her and is choosing to give it away to remain on Disability. Social Security is not going to like that.
The right thing to do?

Contact Social security and find out how to handle things. Otherwise she could find her self ineligible for a period of time.

 

[TheGeekess]

The bolded is going to pose a problem. She has money coming to her and is choosing to give it away to remain on Disability. Social Security is not going to like that.
The right thing to do?

Contact Social security and find out how to handle things. Otherwise she could find her self ineligible for a period of time.

That would depend on if Mom is on SSI or SSDI. SSDI is not needs-based.

 

[CSO286]

That would depend on if Mom is on SSI or SSDI. SSDI is not needs-based.

OP said Disability, so I ran with that.

OP, get specific: What kind of social security benefits does your mother recieve? SSI or RSDI?