gaurdianship question for moms property

[CaringforMom]

What is the name of your state?mass
I have been advised by lawyer to go for guardianship or consvorship instead of power of attorny
due to the many medical issues of my mother. and the fact that she can not meet with an attorney and enter into a client lawyer relationship...



My question is
If mom has an account (its either money market or trust fund) that is in the names of 2 other people ( not mine ) would I also have control over this account? with gaurdianship?
The reason I ask is this
Mom wants to leave this account for her only grandchild
One of the people on the account wont change it for her the other just shrugs his shoulders since he knows the money will be his someday.
Mom has clearly stated she wants it left to her grandchild and thought his name was already on this account but it is not

The account is listed as Mother & Son FOR My mother

so, is there anything I can do to have this account left for the grandchild?

would gaurdianship help or does mom need a will? would a will over ride the persons on the account?
she is sometimes confussed by the way
I only have my mothers best interest at heart I do not want her money for myself she wants it to go to her only grandson for his future its not even a large amount!
thanks for your help

 

[dworrill]

Get your mother a mental exam. It's difficult to rely on her intentions as to where she wants her possession to go if she lacks the capacity. Someone may very well be influencing her thought process. The mental exam we decide for her whether a conservatorship is needed.

DAM

 

[CaringforMom]

hi
actually no one influences my mother
this is what SHE wants even though at times now she seems confussed
she has clearly stated in the past of this account I question

I understand about needing her doctor sign about her needing a guardian
but that dont answer the question I asked

I really wanted to know about the account in question and basicly how it can be left for her only grandchild
thanks

 

[Dandy Don]

This is a very odd way for an account to be titled. You need to be contacting the company holding the account and ask if a separate beneficiary designation form has been filled out for this account, and ask THEM what the account designation means. Then after you get your explanation, post a follow-up to this message so we can get clarification and provide you with an answer.

 

[BlondiePB]

I read your other post. Due to the seriousness of your mother's condition, you need to take a few medical reports and immediately go to the courthouse to and file for emergency guardian for your mother.

The only way to achieve the objection of your mother's wishes is via court approval upon petition as her guardian. Still, there's no guarantee. Follow this link www.mass.gov/legis/laws/mgl/201-38.htm.

How that account is titled is definitely peculiar. Do you know if the money in the account is all your mother's? If not, do you know how much of it is? If the money is more than 1/2 of your mother's can you prove it? As guardian, you can obtain a petition to remove the money from the account. Unless, you can prove that more than 1/2 belongs to your mother, only petition for 1/2 of the money in that account. It would be a good idea to bring that account information to the courthouse too for filing a petition for that, at the same time as petitioning as emergency guardian.

 

[CaringforMom]

sorry for the confussing title
i meant for it to mean if I get guardianship do I also have access to the accounts
money is all hers thanks

 

[BlondiePB]

sorry for the confussing title
i meant for it to mean if I get guardianship do I also have access to the accounts
money is all hers thanks

Yes, you have access to the accounts. You did state that it was a joint account. You MUST have documented proof that all the money was your mother's, not just say-so. Otherwise, removing all the money can result in problems. The money has to be placed in "special" guardianship accounts. The court will verify this. You need an attorney to assist you. You also need to understand very clearly what your responsibilities are and what you can do and cannot do without permission of the court and obtaining a court order.

 

[CaringforMom]

Hi blondie
thanks for all your help
mom passed on thanksgiving
and the money is being left to her only grandson for his future....
thank goodness because my mom didnt want the money to be used on anyones bills ect...

my next question for you is ...
I was depositing my moms ssi checks into my account for her with her permission of course
now that she has passed ive turned this money over to her grandson is that ok to do? since this was her verbal request that her money be left to him?

Thanks again for your help

 

[BlondiePB]

I'm so sorry for your loss. The answer about turning the money to the grandson is not cut and dry because verbal say-so of a deceased is not valid in Probate.

Did you obtain a court order for emergency guardianship?

Did your mother have a valid will?

If so, does her estate have to be probated?

Who is the executor/personal representative of the estate?

Would other heirs object to your mother's verbal request of the money going to the grandson?

How old is the grandson?

How much money was turned over to him?

There was not enough time for social security to stop her money arriving for December. That money has to be returned to social security. Expect a letter about this.

 

[CaringforMom]

thank you blondie

its only just over 1 thousand that would have been put into the trust fund that my family has already turned over to him ...actually it will be turned over in savings bonds I have thought about doing that also but since he is almost 12 he can have his own account in a couple of years thats what the bank manager told me
There is no will however the family has agreeded to leave the remainder of her money after services to her only grandson no one is argueing this agreement

I was asking about ss income left in my account because someone told me that I would have to return it to ss since she passed , but this is money she recived while she was still living ( not told to me by ss just some know it all)

I understand that Decembers money is to be returned which I am doing in the next day or so
so can I asume that it is ok to keep (hand over) the money of hers thats left over from nov and previous months?
thanks again blondie

 

[BlondiePB]

You're very welcome. As long as you did not obtain the guardianship over your mother and everyone is agreeing, it will be just fine to put the money in trust for the grandson.

The "know it all" is wrong about the SS. Only the SS for December will have to be returned. SS will have plenty of time to stop any more SS checks. It would be wise to return the check along with the letter that will be coming by CRR and insured. And, make a copy of everything.

Take pride in the fact that you were there giving love, care, comfort in caring for mom. She would want you to.

Best regards,

BlondiePB