Hello~ Your summary is a little confusing, but part of that may be your lack of information on what is going on. It sounds to me like you could be in for a really messy situation. IF your mother is still competent, which is currently in question, then you should have her meet with an estate planning attorney to make sure that she has things set up the way she likes. YOU do not have a say in this process, nor should you. If YOU set everything up, (such as finding the lawyer, taking your mother there, being involved in all the discussions, etc.), it could result in an argument that you unduly influenced your mother, and any resulting estate plan could be challenged on that basis. You should understand that you do not have any inherent rights because you are the son, or because you are blood related, or anything else. Your rights depend on: 1) how your mother's assets are titled, and 2) what she says in her Will. If everything is titled solely in your mother's name, then upon her death, probate will be necessary. If there is a Will, the Will would control the distribution. If there is NO will, then intestate law will determine who gets what. In the absence of a Will, you and your siblings (or the children of any deceased siblings), would share equally in the estate. You need to know how the assets are titled, because if everything is in joint names with someone else, or if someone else is named as beneficiary, then any such assets pass automatically upon your mother's death. They are not subject to the terms of any Will, and you might have nothing you can do about that.
Answered on Sep 12th, 2012 at 11:20 AM