He is in a nursing home as he is beyond my ability to provide care. We are private pay right now.
Doctors have given him no more than 30 days. My name is also on everything he owns. Some things are in his and my name only some are in his, his wife and my name and some things are in my mother inlaws name and my name only. If he passes do these things go to probate? I'm thinking No since my name is also on the account as a joint owner and I'm still here.
But I'm wondering if the accounts that are just in his name go to his wife or are they just his and mine. I am also taking care of my mother in law who has had a stroke, has dementia, psychosis, high anxiety and depression. If she gets to a point I can't provide care she will have to go to a nursing home (hoping that isn't for a while)
I'm not an expert. You might also check the Legal and Financial tab on this site in upper right corner for more info or to ask your question and get feedback from legal rep.
About his "estate", please realize that nothing needs to be done immediately except for the funeral & the things the FH can do for you. The FH usually files for the SS death benefit for family too - most of the time family turns this small amount (about $ 250.00) to the FH to go towards funeral expenses. Even if he has a pre-need done, there will be things that it doesn't cover. Also the FH will order the death certificates for you. You need to thing about how many different ones you will need…..every bank will need one, each insurance policy, each property, etc. then add another 1/2 dozen. Almost everybody wants an original and rarely do you get them returned. The FH will do this for you, just let FH know the number. You want this done the first time out too as later on it costs lots more and you have to provide more details AND most courthouses only take cash or money order to pay for them. PIAzz.
It sounds like he did some advance planning and this is great. If your name is on as a co-owner, you may just be able to send a letter with the death certificate to get the legal done to change stuff and totally do an end run around needing probate. Ask at the banks as to how the accounts are done, if any of them are POD (pay on death), then all you have to do is go and cash those out as POD are not included in probate. If they are POD, you can do this whenever, so no rush to get this done just in case there are bills out there that need to be paid. If they are JTOWROS, then those should easily convert to your name & SS #
Most states probate laws allow for some time to pass before you are required to open probate. Google what's what in your state and then take your time.
They actually had an emergency Hospice re-evaluation on Tues and he did qualify and they gave him no more than a month before he passes. As of last Fri he was holding his own and over the weekend its like the floor fell out. On O2, morphine etc. Its just a matter of time as to which organs will shut down first. Thanks eveyone