Trust vs Will

[g-daughter]

What is the name of your state? PA

My grandmother has been living with my husband and I for about seven months now since she is unable to take care of herself. She has told us and a few of her friends that she wants us (my husband and I) to have her house. We had to recently admit her into the hospital and she's been there for two weeks now. I have durable POA over her health and finances. She has a will that leaves her house to her two sons. She did not have her will changed to reflect her new wishes. One of her sons has been having financial problems, so I know he will want to sell the house. I want to keep the house in the family. My question is: with POA can I create a trust in her name and name myself as successor trustee? Will that allow me to be the beneficiary of the house even though my grandmother was not able to change her will? I know that I can transfer the deed into my name with the POA, but I don't really want to do that if I don't have to.

 

[Dandy Don]

Have you asked grandmother to change her will and has she refused to do so or have you just not asked her yet? You need to get her to have the will changed.

Could it be that grandmother was just saying that she wanted you all to have the house just to be nice and didn't really intend to go through with it?

Don't be so sure that POA will give you power to transfer the deed unless you were legally advised about that. If you do that and the will is not changed, the sons undoubtedly are going to contest and your transaction as POA will be viewed as most suspicious and may not withstand the will contest.

You would be better off letting the will stand as it is and letting her family be the official beneficiaries, and asking the grandmother to revise her will to include you and your husband as financial beneficiaries of whatever small or large amount of money she may wish to leave you for your services.