My mom may only have hours or days to live. Nothing is prepared; no will, trust, etc. What do I do?

leslie12301, Alicew234's advice was excellent, that is to stay focused on your mom and try not to be worried by what will happen to her account.  As I previously said, a $60,000 account in Oregon will not require a formal probate process and, instead, the Small Estate Affidavit process is all that you'll need to complete (unless she has a lot more assets than you've indicated).  Since my first reply I've done a little research for you and it does look like the Affidavit process will be very easy and you won't need a lawyer, but you can't file it until 30 days after your Mom passes.  Following is a website by the Multnomah County Courthouse that explains this simple process:  https://www.courts.oregon.gov/forms/Documents/MUL_Probate_SmallEstatesPacket.pdf

However, as others have advised, in the small chance that your Mom is still competent to sign papers, you may be able to have your name added to her account or have it modified to name you as its beneficiary, aka payable on death (POD).  Her bank can provide you with the details of making either of those changes.  But, again, don't let the bank account issue unnecessarily take time away from being with your Mom (unless you need that as a "respite" distraction) because this issue should resolve itself quite easily and relatively quickly.  Again, best wishes for you and your Mom.

Is there a beneficiary set on her bank account? If not, she can set one. That can be done instantaneous if done online. A beneficiary trumps pretty much everything. It trumps a will. It avoids probate. It can trump medicaid since it avoids probate. In many states, no probate means no medicaid recovery. I don't know about Oregon. But I don't think medicaid is a factor since if it was, she wouldn't have 60K in the bank. Setting a beneficiary to avoid probate is worth it to avoid the hassle and cost. That she can still do if she's competent.

Why would the state take your mother's money? Your mother's estate now will go to probate. An executor will be appointed. This is almost always the next of kin who wishes to do this and is capable of doing it. See an elder law attorney to guide you in filing in court to be executor if you are next of kin and wish to do this, or attend the one hour of time with elder law attorney. There are many easy books on Amazon about probate and filing. It may vary state to state. The executor will then gather together all of Mom's assets, and the division will be made to her heirs, which you say is likely to be only you, after the estate has paid any outstanding bills Mom owes. As she has this much money in the bank it is quite clear that Mom has not been on medicaid, so the state will not make recovery on funds expended on Mom's care. Good luck. The lawyer will cost money, but sounds you are starting out with no knowledge of how to proceed, so it will be worth it for you I would think.

None of that matters now. Don't worry about it now. Be with your mom.

You are having a horrible shock right now. Don't worry about trusts and bank accounts. They are just distractions to what really matters. You are losing your mom.

See if the hospital has a hospice team. See if they can help you talk to someone about how you are feeling.

Come back to the forum when you need to talk about what happens next. But my strong advice is to be with your mom right now. When you look back on this time, nothing else will matter.

leslie12301, many states, including Oregon, have "small estate" exemptions for bypassing formal probate.  An internet search shows that last year (2019), Oregon changed its small estate limits to $200,000 for real property and $75,000 for personal property, e.g. bank accounts, so it looks like you, as your Mom's only relative, can file a Small Estate Affidavit.  With just a little research on the internet or a visit or call to your local county courthouse, you should be able to obtain Oregon's current "Affidavit" form, instructions on filling it out, and other things that you'll need to do, such as paying your Mom's final bills.  I found Idaho's Small Estate Affidavit process to be pretty easy and I suspect Oregon's should be easy, as well.  One thing for sure, if your Mom doesn't doesn't owe the State of Oregon anything, the state won't take anything.

I'm sorry for the suddenness of your Mom's decline, but I hope this information lets you not worry quite as much about what will happen after she passes.  Best wishes during this hard time.

If your mother dies without a will, her money will pass by the laws of intestate succession, which means next of kin will receive the estate, subject to the claims of creditors. If your mother is receiving Medicaid long term care benefits, the state's claim will come first. There's nothing you can do about it, and it wouldn't have mattered whether you had POA, or whether she wrote a will, or whatever. If your mother is not receiving Medicaid, then you will be the beneficiary, subject to the claims of other creditors. The state does not inherit money just because someone dies without a will. Only if there are no survivors and no next of kin can be located.

The state doesn't come in and gobble up estates unless they are owed money, there will be a process enshrined in law that lays out exactly how any assets she has will be distributed - only after all debts are paid of course.

I wish you peace in your heart as you work through this...

Unfortunately it’s too late. Your mother has dementia and is near death so she’s not going to be able to sign anything. Her estate will have to go through probate and if she’s on Medicaid, the estate will be subject to Medicaid asset recovery. If your name isn’t on her accounts, it’s too late to be added.

Do you have access to her account? If possible go see an elder care attorney right away-they will even go to the hospital with you and bring a notary so she can sign papers or convey that you are next of kin. Or perhaps they can add you to her bank account?