tloonya
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Post by tloonya on Apr 18, 2014 18:23:09 GMT -5
hey, I need your help here. I will see lawyer on Monday but I need to sort things out.
My Mom's boyfried's daughter is acting up. She has power of attorney rights. She took $2500 from his bank account and saying 'what $2500K?' like she has no idea. Mom and BF went to the bank and took daughter off and replaced her name with Mom's name.
She came seething asking 'why'? Dad said 'because you stole my money' She said 'Ok, now when you need to go to a dr appt I will charge you $50 per hour. And I will charge you rent.' BF wrote his house to her name to avoid his ex wife to get it (she abandoned him). Ex started divorce but didnt want to pay lawyer's fee so she stopped hoping that he is going to die before her and she will get everything anyway.
All taxes and bills got paid with BFs check from his bank account. My Mom will pay it now because daughter said she spends too much time paying thier bills and taking him places (only dr's appts). However bills coming with daughter's name on them. So she is technically a house owner. But everything paid with father's checks from his bank account!
Can he change his will and get house back in his name? Will says he supposed to live there until his death.
Our concern is his safety. My head is spinning. My Mom has place to live after his death with us. She just afraid this daufgter has money problems and who knows what she is capable of. BTW she is a lawyer. She had created that will and he signed it. No one actually looked at it. 7 years ago.
Can person change his will just because he want it to and how? And he want it.
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ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ
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Post by ՏՇԾԵԵʅՏɧ_LԹՏՏʅҼ on Apr 18, 2014 18:29:31 GMT -5
As far as I know, a person can amend/change their will at any time though a lawyer.
Sounds like his daughter is a douche. He should be protecting himself and his property - and having all his ducks in a row for how his estate/money/property should be distributed if/when something happens to him.
He can have her removed from any Power of Attorney and assign someone else, if he so chooses. I suggest he contact a lawyer soon if this is what he wants to do.
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swamp
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Post by swamp on Apr 18, 2014 18:31:33 GMT -5
You can change at ant time but that won't get the house back on his name. That has to be done by deed and if she won't sign it, he's SOL
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kent
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Post by kent on Apr 18, 2014 18:35:32 GMT -5
You can change at ant time but that won't get the house back on his name. That has to be done by deed and if she won't sign it, he's SOL My thoughts as well - SOL. (unless BF was old enough at the time of title transfer to fall under an "elder abuse" statute)?
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milee
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Post by milee on Apr 18, 2014 18:54:31 GMT -5
If he really did legally transfer the house to the daughter, then it doesn't really matter what's in his will since he no longer owns the house. For anyone else reading this thread, that's a really good example of one of the huge number of reasons why it's dumb to transfer your house to someone else for any reason. But especially dumb if you're doing the transfer to avoid paying your fair share of something - like to an ex or to the government.
Anyway, they need help from an attorney that specializes not only in estate planning but elder law. He may or may not have been legally competent during the initial transfer and he may or may not be legally competent now. But he really needs to get an attorney's advice before he does anything else, because he sounds like he might be making things worse with the daughter when he might be in the awkward position of having to negotiate with her later. Get good advice before doing any more stupid stuff.
Also, if this is the guy who's had numerous strokes and had all sorts of health and mental capacity issues, the daughter may be a nut or there may be more to the story. She may be paying bills for the house that he doesn't know about or forgot, etc. It's worth trying to figure out and solve calmly and logically before they start a war with the person who legally owns the house they live in and has power of attorney... Just sayin'.
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tloonya
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Post by tloonya on Apr 18, 2014 19:03:58 GMT -5
If he really did legally transfer the house to the daughter, then it doesn't really matter what's in his will since he no longer owns the house. For anyone else reading this thread, that's a really good example of one of the huge number of reasons why it's dumb to transfer your house to someone else for any reason. But especially dumb if you're doing the transfer to avoid paying your fair share of something - like to an ex or to the government.
Anyway, they need help from an attorney that specializes not only in estate planning but elder law. He may or may not have been legally competent during the initial transfer and he may or may not be legally competent now. But he really needs to get an attorney's advice before he does anything else, because he sounds like he might be making things worse with the daughter when he might be in the awkward position of having to negotiate with her later. Get good advice before doing any more stupid stuff.
Also, if this is the guy who's had numerous strokes and had all sorts of health and mental capacity issues, the daughter may be a nut or there may be more to the story. She may be paying bills for the house that he doesn't know about or forgot, etc. It's worth trying to figure out and solve calmly and logically before they start a war with the person who legally owns the house they live in and has power of attorney... Just sayin'.
Thanks to you all but milee, if he is paying all the bills and taxes from his account not daughters, doesn't it say anythig like he is still the owner because she is back on taxes and some of his bills that she was promise to pay are in collection now?
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swamp
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Post by swamp on Apr 18, 2014 19:05:48 GMT -5
If he really did legally transfer the house to the daughter, then it doesn't really matter what's in his will since he no longer owns the house. For anyone else reading this thread, that's a really good example of one of the huge number of reasons why it's dumb to transfer your house to someone else for any reason. But especially dumb if you're doing the transfer to avoid paying your fair share of something - like to an ex or to the government.
Anyway, they need help from an attorney that specializes not only in estate planning but elder law. He may or may not have been legally competent during the initial transfer and he may or may not be legally competent now. But he really needs to get an attorney's advice before he does anything else, because he sounds like he might be making things worse with the daughter when he might be in the awkward position of having to negotiate with her later. Get good advice before doing any more stupid stuff.
Also, if this is the guy who's had numerous strokes and had all sorts of health and mental capacity issues, the daughter may be a nut or there may be more to the story. She may be paying bills for the house that he doesn't know about or forgot, etc. It's worth trying to figure out and solve calmly and logically before they start a war with the person who legally owns the house they live in and has power of attorney... Just sayin'.
Thanks to you all but milee, if he is paying all the bills and taxes from his account not daughters, doesn't it say anythig like he is still the owner because she is back on taxes and some of his bills that she was promise to pay are in collection now? Doesnt matter who pays the taxes and bills. She's on the deed, hence she owns it. Period. End of story.
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tloonya
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Post by tloonya on Apr 18, 2014 19:06:33 GMT -5
You can change at ant time but that won't get the house back on his name. That has to be done by deed and if she won't sign it, he's SOL He said to be living in this house until his death. Does she have any rights to charge him anything like rent? EVERYTHING is paid so far is paid from his bank account.
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Post by Deleted on Apr 18, 2014 19:07:13 GMT -5
Your mom and her boyfriend's story makes me sad every time you add on to it, Loony.
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milee
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Post by milee on Apr 18, 2014 19:07:43 GMT -5
If he really did legally transfer the house to the daughter, then it doesn't really matter what's in his will since he no longer owns the house. For anyone else reading this thread, that's a really good example of one of the huge number of reasons why it's dumb to transfer your house to someone else for any reason. But especially dumb if you're doing the transfer to avoid paying your fair share of something - like to an ex or to the government.
Anyway, they need help from an attorney that specializes not only in estate planning but elder law. He may or may not have been legally competent during the initial transfer and he may or may not be legally competent now. But he really needs to get an attorney's advice before he does anything else, because he sounds like he might be making things worse with the daughter when he might be in the awkward position of having to negotiate with her later. Get good advice before doing any more stupid stuff.
Also, if this is the guy who's had numerous strokes and had all sorts of health and mental capacity issues, the daughter may be a nut or there may be more to the story. She may be paying bills for the house that he doesn't know about or forgot, etc. It's worth trying to figure out and solve calmly and logically before they start a war with the person who legally owns the house they live in and has power of attorney... Just sayin'.
Thanks to you all but milee, if he is paying all the bills and taxes from his account not daughters, doesn't it say anythig like he is still the owner because she is back on taxes and some of his bills that she was promise to pay are in collection now? No. Just because he pays the bills and taxes on the house has no bearing on if she or he is the owner - the owner is the person on the deed of the house.
If he transferred the house to her, meaning he signed the deed over to her, it is her house. Doesn't matter who pays the bills or doesn't. Unless they have some written contract (in most areas, real estate contracts must be in writing) saying the house is his or will be his in the case that certain things happen, if he deeded the house to the daughter it is now her house and he is SOL.
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tloonya
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Post by tloonya on Apr 18, 2014 19:08:55 GMT -5
As far as I know, a person can amend/change their will at any time though a lawyer.
Sounds like his daughter is a douche. He should be protecting himself and his property - and having all his ducks in a row for how his estate/money/property should be distributed if/when something happens to him.
He can have her removed from any Power of Attorney and assign someone else, if he so chooses. I suggest he contact a lawyer soon if this is what he wants to do. We are looking for such lawyer but there isn't many in Philadelphia. Wondering why. Thanks
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milee
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Post by milee on Apr 18, 2014 19:09:30 GMT -5
You can change at ant time but that won't get the house back on his name. That has to be done by deed and if she won't sign it, he's SOL He said to be living in this house until his death. Does she have any rights to charge him anything like rent? EVERYTHING is paid so far is paid from his bank account. Does he have a contract saying this? If not, doesn't matter what he says - she owns the house.
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swamp
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Post by swamp on Apr 18, 2014 19:10:43 GMT -5
You can change at ant time but that won't get the housej back on his name. That has to be done by deed and if she won't sign it, he's SOL He said to be living in this house until his death. Does she have any rights to charge him anything like rent? EVERYTHING is paid so far is paid from his bank account. No, she can't charge him rent. They both have a right to the property. Who pays what has no bearing on ownership. It might have an effect on who gets what share of the proceeds whenrthey sell. But if he lives there, why shouldn't he pay the bills?
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tloonya
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Post by tloonya on Apr 18, 2014 19:10:58 GMT -5
Thanks to you all but milee, if he is paying all the bills and taxes from his account not daughters, doesn't it say anythig like he is still the owner because she is back on taxes and some of his bills that she was promise to pay are in collection now? Doesnt matter who pays the taxes and bills. She's on the deed, hence she owns it. Period. End of story. He is still alive, he paid it off. He wants to change his mind. No way? Thank you.
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swamp
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Post by swamp on Apr 18, 2014 19:12:29 GMT -5
He said to be living in this house until his death. Does she have any rights to charge him anything like rent? EVERYTHING is paid so far is paid from his bank account. Does he have a contract saying this? If not, doesn't matter what he says - she owns the house. It sounds like he has a life estate via the deed. If so, he is an owner until he dies. But, if it's not on the deed, he's SOL.
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milee
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Post by milee on Apr 18, 2014 19:13:25 GMT -5
Your mom and her boyfriend's story makes me sad every time you add on to it, Loony. It is sad that there's this level of discord with the BF and his daughter. I'm not convinced we know enough of the story to know whether the BF is at the giving or receiving end of the BS, though. He could be an abused older person whose lawyer daughter is swindling him. Or he could be a guy who's had several strokes and has a very poor memory, so forgets what was agreed to and in his confusion gets paranoid and thinks he's being cheated when the daughter does what he asked her to earlier. Or he could be an SOB who's working both the daughter and Loony's mom. No way to really know.
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swamp
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Post by swamp on Apr 18, 2014 19:14:04 GMT -5
Doesnt matter who pays the taxes and bills. She's on the deed, hence she owns it. Period. End of story. He is still alive, he paid it off. He wants to change his mind. No way? Thank you. Not unless she agrees.
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Post by Deleted on Apr 18, 2014 19:15:00 GMT -5
Thanks to you all but milee, if he is paying all the bills and taxes from his account not daughter's, doesn't it say anything like he is still the owner because she is back on taxes and some of his bills that she was promise to pay are in collection now? No, that's not how deeds work. The deed says (in fancy legal language) "I'm giving you my house and you promise to let me [the father] live in it the rest of my life." There wouldn't be anything in the deed that lets him take the house back if she fails to pay taxes or other bills that she promised to pay. By any chance did she borrow the money to buy the house from him and sign a mortgage? If there's a mortgage and she isn't paying on it, he could foreclose. Let me throw in another complication (even though I'm not a lawyer and you need to talk to a real one). Is the deed (him transferring the house to his daughter) even valid if he's not divorced from his wife? In most states, even if the house is in the name of one spouse, the other has to sign the deed, too.
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milee
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Post by milee on Apr 18, 2014 19:16:11 GMT -5
Does he have a contract saying this? If not, doesn't matter what he says - she owns the house. It sounds like he has a life estate via the deed. If so, he is an owner until he dies. But, if it's not on the deed, he's SOL. Understand and agree. There are definitely ways to "gift" but still retain rights. I'm just guessing based on what Loony's said that this was a DIY deal and that there's no elaborate estate, trust, deed of gift or other agreement. If there was, he should know of an estate attorney (which he doesn't appear to) since that's not really DIY stuff. Hopefully, I'm wrong and he has this protection.
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tloonya
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Post by tloonya on Apr 18, 2014 19:17:13 GMT -5
You can change at ant time but that won't get the house back on his name. That has to be done by deed and if she won't sign it, he's SOL My thoughts as well - SOL. (unless BF was old enough at the time of title transfer to fall under an "elder abuse" statute)? Whatt is SOL? Also I do not know if charging your father $50 per hour to take him to a drs appt is elder abuse? I think it is but to prove it...it needs to be recorded or something?
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swamp
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Post by swamp on Apr 18, 2014 19:19:15 GMT -5
Shit out of luck
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tloonya
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Post by tloonya on Apr 18, 2014 19:21:02 GMT -5
Does he have a contract saying this? If not, doesn't matter what he says - she owns the house. It sounds like he has a life estate via the deed. If so, he is an owner until he dies. But, if it's not on the deed, he's SOL. Unfortunatelly I can not read will as supposed to...he is telling my Mom she is going to be living in this house until she is dead, Not that I want it to be this way. I want her to live with me if he dies but...there is will, there are ways...i am sick of this.
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milee
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Post by milee on Apr 18, 2014 19:21:51 GMT -5
do not know if charging your father $50 per hour to take him to a drs appt is elder abuse? I think it is but to prove it...it needs to be recorded or something? Charging for rides isn't elder abuse. Not nice, but not abuse.
If he needs free rides to the doctor, he either needs to make up with the daughter or find another free ride source. Some towns have rides for elderly shut ins; it's worth a google or a call to any local "elder service" departments.
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milee
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Post by milee on Apr 18, 2014 19:23:47 GMT -5
It sounds like he has a life estate via the deed. If so, he is an owner until he dies. But, if it's not on the deed, he's SOL. Unfortunatelly I can not read will as supposed to...he is telling my Mom she is going to be living in this house until she is dead, Not that I want it to be this way. I want her to live with me if he dies but...there is will, there are ways...i am sick of this. Loony,
We keep trying to tell you - none of the house transfer stuff is in the will, so reading the will isn't what you need to do. If he really transferred the house to her, that will have been done in a document outside the will. Forget about the will for right now and figure out what mechanism he used to "give" her the house. Get that document and it will answer the questions about what rights he retained, or didn't.
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tloonya
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Post by tloonya on Apr 18, 2014 19:27:35 GMT -5
What kindof attorney I ed to see? His daughter is animal law attorney 20 cats in the house. Can I report her to some authorities like power abusive law person?
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swamp
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Post by swamp on Apr 18, 2014 19:29:09 GMT -5
Estate planning attorney.
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tloonya
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Post by tloonya on Apr 18, 2014 19:43:21 GMT -5
do not know if charging your father $50 per hour to take him to a drs appt is elder abuse? I think it is but to prove it...it needs to be recorded or something? Charging for rides isn't elder abuse. Not nice, but not abuse.
If he needs free rides to the doctor, he either needs to make up with the daughter or find another free ride source. Some towns have rides for elderly shut ins; it's worth a google or a call to any local "elder service" departments.
I wil gladly do it. There is no problems here. I wasn't because she is a daughter and I am just a...moms daughter. I have no problem doing it. It was just a shocker when she went beserk about it! After house and all.
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tloonya
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Post by tloonya on Apr 18, 2014 19:44:40 GMT -5
Estate planning attorney. thanks, love
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