Titling of bank accounts and stocks and/or funding a trust.
In reading recent posts, i've identified a very sore spot that my Mom (age 87, widowed) has with her Trust. i'm afraid the Trust is not funded properly, if funded at all. Is there a source or reference to find out how bank accounts, stocks, savings bonds, etc should be Titled? She insists on keeping her accounts titled with herself and me as "jt owners with rights of survivorship" - and there are 2 other siblings. The accounts aren't titled in the name of the trust, with her as the Trustee. i presume that the titling of the assets is how a Trust becomes "funded"? The Trust specifies percentages, but the bank accounts are "jt w/rights of survivalship and names my siblings as beneficiaries. Isn't that a conflict ... and if i am not successful in making it clear to Mom, would i need to pay the tax on the full amount, and then go by A) the benefiary amounts, or B) the Trust percentages? Does one overrule the other? It's been 'jt' for many years because she wanted/needed me to do her banking for her as a convenience. i'm disabled [single, no children] and live with Mom, but does the titling need to be corrected with each institution, or am i mistaken? There are stocks to be considered/protected as well. She won't consider change the titling, thinking the government will take her money or the control of it, away from her]. We've spent over $5,000 meeting with her attorney and he just complicates things more. She wants to ensure i can stay in the family house (i'm disabled, single, no kids, and SSDI as my only source of income). In the Trust, i'd be responsible for any and all expenses for the house [maintenance/ taxes/ insurance etc, and the car] and of course my own medical/ RX expenses. i've been designed with POA for financial and medical as well as HIPPA. Sadly, my siblings aren't ones i can consult on any issue. i'm 1st executor with one sister being the alternative. i'm Caregiver for Mom: she's had cornea transplants, 4 strokes, and recently suffered a horrific fall at home. She's rather bedridden, could i legally make do the retitling - with her verbal approval and the DPOA/Financial? i'd never do anything of this nature without her knowledge, but if the titling is wrong, it needs to be corrected. Thank you everyone, for any guidance you can offer. Kindest regards ~ crickett33.