Got a scenario for ya Ags…..

Grandmother-in-law is elderly and has dementia. Owns outright about 15 acres and a small old home in rural Guadalupe County.

3 heirs:
Daughter - My mother-in-law (her daily caregiver)
Daughter - Somewhat involved weekly but overall just there for moral support
Son - Complete deadbeat functioning alcoholic who has lived with her for the past several years without paying rent or bills. He feels entitled to as much as he can get away with when it comes to inheritance.

My question is: What is the best way to protect this estate before her condition deteriorates further?

They are in the process of working with an attorney to get a will written up, but past that, shouldn't the estate be placed in a trust of some type?

We also want to keep the deadbeat son from becoming a squatter in the house as soon as she passes.



I'm sure this situation isn't all that uncommon, but we have never been through this before.

TIA

Who is the executor of the estate? Hopefully your MIL

I think that is true but I'm guessing the attorney who is helping with the will is going to make sure that is specified.

Hopefully the attorney is able to help you with your questions and some planning, and not just draw up the will. If that is all he or she does, then a visit with an attorney who can would be the next step.

That's part of the problem. She could sign some documents before lunch and then after lunch have no memory of what she did. She also changes what she says she wants to do with the property from day to day.

Have seen attorneys that took care to prove capacity in the good windows. Video recordings of conversation, recall of facts, ability to hold a conversation, restate the intention of the documents about to be signed, etc…

Also, have seen a series of documents of attestations signed (all the same), to help add a temporal element to intent. That is more for sticky situations and proving intent than proving capacity, but maybe the idea could be incorporated.

Getting her to say what she actually wants is pretty hard at this point in her life, getting her to record and sign into a legal will what you want her to say may be easier, it all depends on what type of attorney you're hiring. Your case points out the dangers of putting off estate planning.

The current attorney should be able to give advice on the questions you pose: Will, Durable Power of Attorney, Advance Directives, appropriately prepared deeds - if necessary, etc. If they can't, you have what looks like a short window to try to get such things in place.

tsuag10 said:

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We also want to keep the deadbeat son from becoming a squatter in the house as soon as she passes.

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What does GMIL want?

DadAG10 said:

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tsuag10 said:

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We also want to keep the deadbeat son from becoming a squatter in the house as soon as she passes.

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What does GMIL want?

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She wants the value of the land divided equally between the three kids. If that means the son buys out the sisters, then that's ok too.