All my other owns is in my name, too. Is a will still needed?

1 answer | Last updated: Oct 18, 2016
2nd daughter asked...

My mother lives with me and everything she owns is in my name too. We pay for everything except her medical bills. Is a will necessary?


Expert Answers

You ask if a will is necessary when you co-own all your mother's property with you. Specifically, you state that everything your mother owns is in your name too. I take this to mean that title to your mother's property is held "in joint tenancy" or "as joint tenants" with you.

Property held in joint tenancy goes to the surviving owner, outside of probate, when the other joint owner dies. So if ALL your mother's property is truly held in joint tenancy, she would not need a will.

On the other hand, having a will can't hurt. And if somehow she left some property which wasn't in joint tenancy, a will becomes essential. There are a number of self-help will resources available (check via Goggle). You should be able to prepare a basic, simple will for your mother from one of these resources.