She is 97, has some family a son and a daughter. She is of sound mind and body, not much contact with her family if any. I have asked why she wants to do this, she says to help me, I have some concerns obviously, what should I do?
She should discuss this with her attorney, not with you. If the documents are drawn up properly, it would be legal. However, family members may object so you need to be careful about what you do. Do not take her to the attorney's office, do not make an appointment for her to see an attorney (especially your attorney), do not discuss the matter with her anymore, do not try to influence her. You do not want it to appear that you have influence her in any way.
Real Estate Attorney
First of all, if the property is in the trust and you have not received a deed from the trustee, then the property has not yet been gifted to you. You may have been named as a beneficiary of the trust for the specific gift, and in that case, you have an expectancy, but no enforceable rights. Secondly, you may be prohibited from taking any donative transfers if you drafted the paperwork for the gift, or you have a fiduciary relationship with or are the care custodian of the 97 y.o. woman, or you are a relatve, cohabitant or employee of any such person. (See Probate Code 21350) The law will look at large gifts to a non-family person with a jealous eye.
Richard A. Rodgers, Esq.
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
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The other two lawyers have given you sound advice. She needs to see her own attorney, who can evaluate her competency and prepare documents to reflect her intent. This will protect YOU, down the road, if the children decide to contest the changes.
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