Mother is in hospice care. Stepfather is very ill. They do not have a will. Beneficiary on everything is each other. I am caregiver for both. How do I get my name on accounts and have beneficiary changed? If my mother passes, it all goes to my stepfather. If stepfather passes, I assume his next of kin will inherit everything.
Or do you refer to 'intestate' laws? Where assets usually pass to next of kin, in an order set by law. Usually in order of legal spouse, recognised adult children, siblings.
"How do I get my name on accounts and have beneficiary changed". You don't. It is bestowed on you IF they wish it, have capacity to decide legal matters & sign legal paperwork.
Tread with care. Coersive behaviour of vulnerable people & elder financial abuse are serious matters, as they need to be.
HOWEVER, if there is ONLY the one account, and it is co-owned by the mom and her husband, then everything in that account will belong to the remaining party.
If you are the caregiver here you are missing a caregiving contract. See and elder law attorney. If Mom and stepdad are competent things can be changed. If they no longer are competent then things can't be easily altered, but you should be POA if that is the case, or guardian of at least you mother. You need to see an attorney to work out the options in your own unique case here.
Normally when’s there’s no Will or Trust, the estate goes through Probate Court, and some point the next of kin has first rights.
’I wish you the best…’
This sounds like such a terrible situation for all of you. May The Lord give you strength, guidance and wisdom to do what you are doing. Remember to keep an eye on your own health and well-being while you walk this path.
In actuality, this is extremely helpful to aid in care for their parents. This gives them a degree of control . The POA is like gold when you have to go to the bank or as a matter of fact do anything.
i have so learned when I had my husband’s POA and tried to close an account with only a $1000. I was there for 2 hrs.and had an appointment.
I am not sure what paperwork you may have signed for Mom to be in a SNF and now hospice. Is she on MEDICAID? If there are no beneficiaries on her half of the estate, then it belongs to Medicaid. You really need a Medicaid elder lawyer for Dad and like yesterday . hustle my dear hustle !!
Arbitrary forms are dangerous .. they make you financially liable .
I would consult an elder care lawyer to see what can be done. That’s what my family did.
If I can get through this, you can too. Best of luck,
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