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.
I hope that you're not wanting to now care for them because you think there will be some type of financial gain for you to do so, when it's all said and done, as that is just as messed up as this whole situation you're in.
And to answer your question, you cannot get your name on any accounts, unless your mom or stepdad allow it. And then you must account for everything that goes in and out of said accounts.
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.
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 .
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.
Have you verified this with your mom's attorney? I know each case and each state can be very unique, but we had ours set up for way less than that just a few years ago. I would suggest verifying it first with her attorney and if that is true, maybe that attorney could advise you on how to take the funds from their portfolio since it is for their benefit and he is familiar with them. Perhaps they took care of all these details at that time.
Elder law is the new feeding frenzy for unscrupulous attorneys. Be aware everyone and due your due diligence.
Only your mother could do that. Or your stepfather.
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,