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  #5  
Old 08-10-2004, 09:03 AM
D. Stussy
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Default Re: Tax & Suvivorship, California

Paul M. White wrote:

- quote -

> I'm beneficiary to a will of a 75 yr. woman. We've not
> married and been together 8 years. I'm 60,not related. She
> purposely named and left her estranged daughter nothing.
> They've had no contact for 30 years. Her will was signed,
> witnessed and notarized in 98. Recently she notarized a
> Living Will for Advanced Healthcare. Her home was purchased
> in 99 for 57,000. Now it's valued at 180,000. As of this
> date I estimate her estate 220,000, more or less? Tax &
> Probate wise, for her, for me, what would be the wisest
> choice on, or before her passing? 1. Wait, and Quit Claim
> the house to me when we believe she's just about to die? 2.
> Add my name to the deed now as Joint Tenant? 3.
> Also would her estate be eaten up should she some day
> require nursing home care. Her SSI monthly income is only
> 734.00. She's not on Medicare but with Inter Valley Health
> Care. Recently she almost died due to dehydration and not
> eating for over a week. She said. "she'd rather die at home
> than go to a hospital". Her doctor said she'd get her wish.
> Paramedics determined she was mentally sound, therefore no
> one could force to go. Fortunately 3 days later she fell &
> cracked her head open. Paramedics then forced her to go.
> She's home now and slowly recovering. Any suggestions would
> be greatly appreciated.


A home (in 1999) for only $57K in California? Where is that
- Watts (or some other "inner city" high-crime area)? Even
condominiums were generally $100k+ 10 years ago.

If you can't afford an attorney, see if someone at the local
legal clinic knows about the stuff that the other responses
mentioned.

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  #4  
Old 08-05-2004, 08:48 PM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: Tax & Suvivorship, California

"Paul M. White" <piano1944[at]hotmail.com> wrote:

- quote -

> I'm beneficiary to a will of a 75 yr. woman. We've not
> married and been together 8 years. I'm 60,not related. She
> purposely named and left her estranged daughter nothing.
> They've had no contact for 30 years. Her will was signed,
> witnessed and notarized in 98. Recently she notarized a
> Living Will for Advanced Healthcare. Her home was purchased
> in 99 for 57,000. Now it's valued at 180,000. As of this
> date I estimate her estate 220,000, more or less? Tax &
> Probate wise, for her, for me, what would be the wisest
> choice on, or before her passing? 1. Wait, and Quit Claim
> the house to me when we believe she's just about to die? 2.
> Add my name to the deed now as Joint Tenant? 3.
> Also would her estate be eaten up should she some day
> require nursing home care. Her SSI monthly income is only
> 734.00. She's not on Medicare but with Inter Valley Health
> Care. Recently she almost died due to dehydration and not
> eating for over a week. She said. "she'd rather die at home
> than go to a hospital". Her doctor said she'd get her wish.
> Paramedics determined she was mentally sound, therefore no
> one could force to go. Fortunately 3 days later she fell &
> cracked her head open. Paramedics then forced her to go.
> She's home now and slowly recovering. Any suggestions would
> be greatly appreciated.


Only question I will answer, is the only tax question you
have, which is how to best structure the property. The best
tax answer is to wait for her to pass away so that you will
receive a higher cost basis.

All other questions/issues require the advice of someone
(usually an attorney) who specialized in elder care law.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #3  
Old 08-05-2004, 08:28 PM
BRaskinCPA
Guest
 
Posts: n/a
Default Re: Tax & Suvivorship, California

- quote -

> I'm beneficiary to a will of a 75 yr. woman. We've not
> married and been together 8 years. I'm 60,not related. She
> purposely named and left her estranged daughter nothing.
> They've had no contact for 30 years. Her will was signed,
> witnessed and notarized in 98. Recently she notarized a
> Living Will for Advanced Healthcare. Her home was purchased
> in 99 for 57,000. Now it's valued at 180,000. As of this
> date I estimate her estate 220,000, more or less? Tax &
> Probate wise, for her, for me, what would be the wisest
> choice on, or before her passing? 1. Wait, and Quit Claim
> the house to me when we believe she's just about to die? 2.
> Add my name to the deed now as Joint Tenant? 3.
> Also would her estate be eaten up should she some day
> require nursing home care. Her SSI monthly income is only
> 734.00. She's not on Medicare but with Inter Valley Health
> Care. Recently she almost died due to dehydration and not
> eating for over a week. She said. "she'd rather die at home
> than go to a hospital". Her doctor said she'd get her wish.
> Paramedics determined she was mentally sound, therefore no
> one could force to go. Fortunately 3 days later she fell &
> cracked her head open. Paramedics then forced her to go.
> She's home now and slowly recovering. Any suggestions would
> be greatly appreciated.


I think you should contact an attorney in your area for
advice. Estate laws vary by state and can be quite
complicated.

Bruce Raskin, CPA
braskincpa[at]aol.com
Small Business and Individual Tax and Accouting Services

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  #2  
Old 08-05-2004, 08:28 PM
Nan Eklund
Guest
 
Posts: n/a
Default Re: Tax & Suvivorship, California

Wait and inherit. Ask a tax professional about step-up
basis (which means the value of the house will be its value
at date of her death). If the house is gifted to you,
you'll have a large taxable gain.

The nursing home problem is something you'll have to get
other advice on.

Nan, EA in LA

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  #1  
Old 08-05-2004, 08:09 PM
John H. Fisher
Guest
 
Posts: n/a
Default Re: Tax & Suvivorship, California

piano1944[at]hotmail.com (Paul M. White) writes:

- quote -

> I'm beneficiary to a will of a 75 yr. woman. We've not
> married and been together 8 years. I'm 60,not related. She
> purposely named and left her estranged daughter nothing.
> They've had no contact for 30 years. Her will was signed,
> witnessed and notarized in 98. Recently she notarized a
> Living Will for Advanced Healthcare. Her home was purchased
> in 99 for 57,000. Now it's valued at 180,000. As of this
> date I estimate her estate 220,000, more or less? Tax &
> Probate wise, for her, for me, what would be the wisest
> choice on, or before her passing? 1. Wait, and Quit Claim
> the house to me when we believe she's just about to die? 2.
> Add my name to the deed now as Joint Tenant? 3.
> Also would her estate be eaten up should she some day
> require nursing home care. Her SSI monthly income is only
> 734.00. She's not on Medicare but with Inter Valley Health
> Care. Recently she almost died due to dehydration and not
> eating for over a week. She said. "she'd rather die at home
> than go to a hospital". Her doctor said she'd get her wish.
> Paramedics determined she was mentally sound, therefore no
> one could force to go. Fortunately 3 days later she fell &
> cracked her head open. Paramedics then forced her to go.
> She's home now and slowly recovering. Any suggestions would
> be greatly appreciated.


Get Married!!!! If your state recognizes common law
relations, perhaps you are already in that condition!!!-

"Jack" - John H. Fisher - TaxService[at]aol.com
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=

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Old 08-05-2004, 07:50 PM
Stuart Bronstein
Guest
 
Posts: n/a
Default Re: Tax & Suvivorship, California

Paul M. White wrote:

- quote -

> I'm beneficiary to a will of a 75 yr. woman. We've not
> married and been together 8 years. I'm 60,not related. She
> purposely named and left her estranged daughter nothing.
> They've had no contact for 30 years. Her will was signed,
> witnessed and notarized in 98.


If so I'd take that will to an estate planning attorney
right away to determine if it were drafted correctly. Wills
are not notarized in California.

- quote -

> Recently she notarized a
> Living Will for Advanced Healthcare. Her home was purchased
> in 99 for 57,000. Now it's valued at 180,000. As of this
> date I estimate her estate 220,000, more or less? Tax &
> Probate wise, for her, for me, what would be the wisest
> choice on, or before her passing? 1. Wait, and Quit Claim
> the house to me when we believe she's just about to die? 2.
> Add my name to the deed now as Joint Tenant? 3.


She should put the property into a trust, having you be the
beneficiary after she dies.

- quote -

> Also would her estate be eaten up should she some day
> require nursing home care. Her SSI monthly income is only
> 734.00. She's not on Medicare but with Inter Valley Health
> Care. Recently she almost died due to dehydration and not
> eating for over a week. She said. "she'd rather die at home
> than go to a hospital". Her doctor said she'd get her wish.
> Paramedics determined she was mentally sound, therefore no
> one could force to go. Fortunately 3 days later she fell &
> cracked her head open. Paramedics then forced her to go.
> She's home now and slowly recovering. Any suggestions would
> be greatly appreciated.


Counseling wouldn't hurt.

Stu

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  #-1  
Old 08-04-2004, 05:54 AM
Paul M. White
Guest
 
Posts: n/a
Default Tax & Suvivorship, California

I'm beneficiary to a will of a 75 yr. woman. We've not
married and been together 8 years. I'm 60,not related. She
purposely named and left her estranged daughter nothing.
They've had no contact for 30 years. Her will was signed,
witnessed and notarized in 98. Recently she notarized a
Living Will for Advanced Healthcare. Her home was purchased
in 99 for 57,000. Now it's valued at 180,000. As of this
date I estimate her estate 220,000, more or less? Tax &
Probate wise, for her, for me, what would be the wisest
choice on, or before her passing? 1. Wait, and Quit Claim
the house to me when we believe she's just about to die? 2.
Add my name to the deed now as Joint Tenant? 3.

Also would her estate be eaten up should she some day
require nursing home care. Her SSI monthly income is only
734.00. She's not on Medicare but with Inter Valley Health
Care. Recently she almost died due to dehydration and not
eating for over a week. She said. "she'd rather die at home
than go to a hospital". Her doctor said she'd get her wish.
Paramedics determined she was mentally sound, therefore no
one could force to go. Fortunately 3 days later she fell &
cracked her head open. Paramedics then forced her to go.
She's home now and slowly recovering. Any suggestions would
be greatly appreciated.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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california, suvivorship, tax
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