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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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If Jeannine should make the argument that it was my mother

Customer Question

If Jeannine should make the argument that it was my mother who essentially wished to take away assets that were slated for me and legally bequeath them to herself and my son, then there might have been some evidence of my objecting to my mother's "change of heart". There is no evidence of my objecting to that. The reason there is no such evidence to be found is because I was the one who unilaterally came up with that idea and insisted that it be carried out. Indeed I had to do a lot of persuading of my mother and Jeannine, and my mother’s trust lawyer. It took some time. My mother didn't understand why we needed to bother to make the change. Nor did Mr. Beyer, her trust lawyer, who was contacted by me alone, who happened to be my mother’s trustee and advisor on all matters pertaining to her trust, to draft a new trust amendment. Why treat me differently than my brother, asked my Mother and her lawyer? Why change the trust? Why not use other methods to improve the marriage? It was “unconventional", stated Mr. Beyer more than once. Jeanniine was resistant for a long while also, because she objected to "being bought", or at least being seen as "being bought”. Jeannine also explicitly expressed many times during that "persuasion period", that the changes to the trust should be limited to my mother’s Walnut Creek house, and not include the Sacramento property. Her words were on the order of “the Sacramento property belongs to your family, it is none of my business…” I just made it simple and had everything included in the new amendment– making it simpler for Mr. Beyer who wasn’t so good at complexity! I was very foolish. I was thinking of my son. I wanted there to be no divorce. I wanted it to be a commanding gesture, one that would sweep everyone off their feet.I wasn’t thinking nor did I care about the time after my son would be grown up and leave the house.
As I’ve said repeatedly, I was trying to "save our marriage". I was by the same gesture attempting to show good faith to Jeannine, to reassure her that the substantial monies that she and I as renters were putting into a property that we did not own, would accrue back to both her and I as equity eventually when my mother passed away, and WE, not just I, would be gifted the property. Which is exactly what happened. And did it ever! Witness the real estate valuations today. The house could be rented out for $6K/month to $6.5K/month according to several sources when I looked in to the question about a year ago.
Well this is not exactly what happened… The non-written agreement that Jeannine and I had before the point in time when I imposed upon my mother to make the changes to her trust, was that she would once again become my wife.
Jeannine broke that non-written agreement. Moreover she broke that agreement less than two weeks after the changes to the trust were enacted. She moved out of the bedroom, out of that bedroom which she had moved back into, doing so without consulting me and against my wishes. We never again have slept in the same room. Nothing has changed with that situation. That was over 20 years ago.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I do not understand your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,