I mentioned in the Daily check in about the house deed. Here are the details. March 30 I went to see a lawyer about getting the deed in my name per advice from EL Attorney. He asked if he could keep the POA's and I also gave him a check for $500.00. He said it would take a week so I assumed I would have it all over with in that time....NOT. Whenever I called his office I got voice mail and to leave a message. I didn't want to do that because if he called and I wasn't here DH would have the message confused just like he does any message he takes. I resorted to e-mails and got no response.
I was ready to contact the SC Bar Association and file a complaint. After thinking about it I e-mailed and then spoke to the EL Attorney. She went over to the other lawyers office and spoke to him and she said he was apologizing profusely. I tried to call him and got the same message machine. Contacted EL Attorney again, she went back to his office and got his cell phone number. I called there and finally got him! He was apologizing, he's had a family "issue" and had had to go to NC because a client declared bancruptcy and his assistant had quit. Frankly I didn't care! He said he would be happy to take care of the deed and I told him NO I was going to another lawyer. So I went this morning got the deed, POA's and a check for $500.00.
So here it is June and still have the original deed and have to call a lawyer the ELA gave me. I think I have a great ELA. I offered to pay her for her time but she refused.
Jean, it sure is frustrating when you get the run around you received, plus what if it had been an emergency? There is no excuse for an attorney not having a Blackberry and reading his e-mails whereever he is! I hope you have better success with the next attorney!
Don't we all get tired doing other people's jobs. MC messed up both my husband's and my coverage status and it took many months of being on eternal hold to clear it up (I hope)
Mary, I too hope the next lawyer gets on the ball right away. When I saw the useless lawyer this morning he said his phone must not have rang. While he's saying this I am looking at a phone with 3 or 4 lights flashing. Obviously he has turned off the ringer. When I said I had sent e-mails he said he had read them LAST NIGHT! I am just grateful for the help from our ELA.
Got in touch with the new lawyer today. I have an appointment for next Tuesday afternoon. I asked him if I needed to bring a check and he said "no" I will pay when I sign the paperwork. He charges $300.00 and $10.00 for filing. Lord knows what the useless lawyer was going to do for $500.00 which I had to pay up front.
FYI= you turn in an atty who doesnt call you back within reasonable time they are sanctioned/reprimanded by the state bar! and fined:) rule 8.04a-(if memory serves me :()failure to promptly comply with reasonable requests for information from his client about their legal matter.:) divvi
Jean 21, I am surprised that an Attorney would put the house in your name alone without first also giving a life estate to your husband, I would think his interest should also be protected, it is a fine line using a DPOA, unless it is used in the best interest of the person you are signing for. Of course the house in your name if you were going to put him in a facility under Medicaid would be in his best interest in order to qualify him for care, but if I remember correctly you have long term care insurance, thus if you die first how is your husband protected. Need to really think about this and again I wonder at an Attorney that would do this without also protecting your husband. Just something to think about.
Jane, My DH is protected through my will which has that everything will go in a trust for him. We have someone to handle the trust so they will be responsible for any bills/NH to be paid.
Jean21, Not questioning your intentions at all,please do not think that. No matter if there is a Will, life in general can change things, Wills can be broken, lost, divorce can happen. In general knowing that your husband has Alzheimer and a POA is being used to change the deed, I am very surprised that an Attorney would do this without also protecting your husband in the deed.
Jane, How would my husband be protected in the deed? I am probably being dense again. lol. My will with everything spelled out in the trust was done by the ELA and I was under the impression that it would take care of everything. Once I get everything sorted out it will all go in a safety deposit box at the bank with the number of the box given to the person who would be in charge of the trust. IF DH goes into a nursing home it would depend how long he was in there for how long the long term care would last. I hope I am making sense.
Jean, make sure that you also have a SIGNED COPY of the will that is NOT in your safe deposit box. A safe deposit box is sealed upon the death of the owner and it causes a LOT of problems if there is not a signed copy of the will available so the person running the trust can get things started right away. It's best to have two copies, one in the safe deposit box just in case, and another that is accessible.
Also I don't think that you have a problem with your deed. If your trust has been set up correctly it certainly shows the intent to protect your husband's rights. I can't imagine that an ELA would not do this correctly.
Does anyone know if you are separated, (hopefully with a signed separation agreement, but perhaps not) if you can exclude your husband from your will? My will gives 1/2 to him, 1/2 to son. Would like all to go to son. My husband argued about my son getting 1/2, since he left me 100% in his. Come on, this is my only child!
Kitty, when I worked for attorneys and someone wanted to exclude a spouse or relative from their Will, we always left them something - however small - just so they couldn't think that they were "overlooked".
I was a legal secretary 20 years ago and we did a lot of wills. Just like Vickie's old bosses, mine always made sure that the person who wasn't being given a large share was mentioned and given something. That made things clear that what was being done was intentional.
IMO - you can do whatever you want and leave it to whomever you want.
When my dad did his will after my mom divorced him, he left everything to 4 of the 5 kids he and my mom had. Me, and his two kids by his first marriage he wrote: and to the children Charlotte, Margarite, and Darrell I leave my love. An attorney told me that is the legal way to disown those children!
Jean 21, to answer your question, your husband would be protected in the deed by giving him a life estate, meaning his for life time The other answers regarding being able to exclude a spouse is not what I am speaking of, I am speaking of changing a deed using a POA, there is a big difference. When you make a Will, exclude someone you are doing this yourself, you are not using a POA to make a will, using a POA means you must use the power in the best interest of the person you are signing for. Again, Wills can be broken, lost, destroyed etc. Some Attorneys would probably draw the deed up for you but to properly use a POA, you would have to show that it is done in the best interest of the person you are signing for if questioned or challenged, you cannot just do these things just because you have POA. Jean, when you go to your Attorney to have the deed drawn ask these questions, make sure you would not be challenged then do what he says.
I know I went to two different Attorneys, neither one would touch the deed by me using a POA without first naming my husband with a life estate. We therefore did that and I am thankful that I had an Attorney that thought that far ahead for me, I would never have known that if I had not had it happen to me. Now I know my husband is protected for life.
We made me the remainder person, also gave me a life estate, and my husband a life estate. The reason for my life estate had we not done that my husband would have more rights than I have. We signed his share to me, then I signed a life estate to him, then a life estate to me, sounds complicated but it really isn't, just protected the property from anyone taking it from him should I die first, and would not be counted if we have to apply for Medicaid for him. a win win for us. Only thing is it cannot be sold in his life time, but that is fine with me. It was the only way the Attorney would change the deed by me using a POA. As I think back about it I am glad it happened that way because if I had signed only to me so many things could have happened, I have seen many Wills, lost or thrown away by family who did not like the contents.
I had the deed to our property changed to my name only using the POA. My elder law attorney had to take the originial of the poa to the courthouse to be recorded along with the deed. I have everything that is in my name set up in a trust to be administered for my DH in case I pre-decease him. Originals are all in the safe deposit box, copies at home, and copies of wills, POA's and trust given to each of our children.
Jane, I understand what you are saying but does it make a difference if there are no children or siblings? We never had children and I am the only one left in my family, DH has one sister left in Ohio she is 6 years older than him and much further along with AD. There wouldn't be anyone to contest the will and what happens if DH isn't capable of making a decision to sell the house?
I have cancelled the appointment for tomorrow until I can get things sorted out to my satisfaction. When I do see the lawyer I will have a number of questions for him.