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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55605
Experience:  29 years of experience practicing law, including tax and estate planning.
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Eldest son has power of attorney, medical directive

Customer Question

Eldest son has power of attorney, medical directive authority, and executor of my will.
A decade ago transferred title to the house to my eldest son and his brother. My eldest son has financed 80% of my ability to remain in the house, provided monies for doctors, food, and most bills. This loving support by my eldest son has been for 35 years and the total dollars involved exceed the fair market value of the house.
How can I make sure my eldest son receives all the monies from the sale of the house and his brother who lives in Florida and has provided no support in addition to any financial monies/support receives nothing.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

If you have already transferred title to your eldest son and his brother, you would not be able to now take back the interest that you gave his brother that is now vested in his brother. Once you transferred your ownership to the two of them, they owned their interests and you would not be able to take that interest away from his brother without his brother's consent. What you can do is change your will to provide that other assets you may own go to your eldest son. You can do whatever you wish with property and assets that belong to you, but with regard to assets you've previously gifted, you no longer control those assets unfortunately.

You do not need to re-do your entire will. Rather, you can make this change by doing a Codicil...which is a fancy legal term for an amendment when a will is involved. In the Codicil, you can reference your original will, state that other than the changes in the Codicil all terms and provisions of the original will remain in full force and effect, and then specify which provisions of the original will are being changed. You will want to have the Codicil signed, witnessed, and notarized in the same format as the original will. Then, make sure you keep the Codicil with the original will so whoever gets your will at your death will know the Codicil exists. You can do this yourself or you can seek the guidance of a lawyer, but you are not obligated to engage a lawyer to do this for you.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could still control title to the property, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
Sorry, does not provide options that other attorney's have provided, not a thorough response.
Expert:  Richard replied 1 year ago.

Thanks for following up. What other options did other attorneys provide that would allow you to continue to control assets that have already been given away?

Expert:  Richard replied 1 year ago.

Good evening. I was just following up with you to ask what other options other attorneys provided that would allow you to continue to control assets that have already been given away? Thanks.