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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My father & mother had extensive illnesses in their

Customer Question

My father & mother had extensive illnesses in their retirement years. That and the stock market just about depleted their retirement savings. What their medications, housing etc., cost them left them with very little social security money to live on. My husband was making very good money at the time & I worked full time. Our children were both out of college, married & in their respective careers. We volunteered to help them out. We figured out what they needed for car, insurances, etc. An amount of $1000/month was derived. My dad being a very proud and professional man decided he only owned a piece of property on the Ohio River that we as a family spent our summers there each year. He said he would like us to have that property when he & my mother passed away. My husband lost his job when the company merged with another and there was an overlap of his position. My two sons said they would pitch in & help with what they could. My nephew who also spent summers with my parents too said he would pitch in too. He would pay their utilities(they only have a 3 small bedroom mobile home). The property was the real value. Both sons contributed $150/mo. MY nephew would pay utilities(did I mention he had his summer camper plugged into their water & electric?). George & I paid the other $700. Later on when my mother passed away their mobile home was in my mom & dad's name. Because we could only find the copy of her will that she had given me to put in my safe. The state said it needed to go into probate. My son, who is a very successful business owner suggested to my dad he should get things re-done as an updated will or trust, etc., to protect from probate. So we are not at a place where he trusts him & has a paper drawn up. It basically said the property was ours now with the understanding that he could be there until he died if he wanted. He then decided my dad needed to sign another paper because of tax implications to him personally. They meaning son #1 and nephew say he can't do anything at his home including whom he has there too. Whether he can trim the trees that almost came down on top of his home last summer in a severe storm because they are the owners. My dad is devastated & feels very taken advantage of. The click here where I think we(myself, sister & brother may have some recourse for him is my son dropped off paper didn't discuss much with new paper so he assumed it was the same as they had talked about before with no restrictions as long as he was alive. #1 he signed it, but had no witnesses. My son came a few days later, picked up the paper then had an employee of his notarize it. I am assuming he probably had other employees witness it. My dad is 84 years old. Has a hypertensive right side of his heart & scar tissue in his lungs. He is in a wheelchair when we take him anywhere & on oxygen 24/7. We are to keep his excitement & stress to a minimum due to his condition. He is not a candidate for either a lung or heart transplant at this point. The dilemma is, is it too late to do anything in light of the fact that he didn't sign in front of anyone, it was notarized without him being there. My name is ***** ***** contract too listed as one of the four people even though I haven't seen it either. Before it was drawn up, I voiced my concern of this exact thing happening. I was assured it wouldn't. Shame on me!! They were waiting on an appraisal to come back that they don't have before they can actually file the papers here somewhere in Ohio. I am hoping he has some recourse we can help him with. Melody for Don ****************** *******************

Submitted: 1 year ago.
Category: Legal
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues, contract law, and other types of law. I look forward to helping you today.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of this session?

Expert:  FamilyAttorney replied 1 year ago.

This is difficult to follow because of the use of pronouns, "he" --so I don't know sometimes whether you're referring to your son or your dad. Do you know what your dad supposedly signed? It seems that you're saying your dad signed something without knowing what he was signing, is that correct? And that either invalidated his will or changed his will?

Expert:  FamilyAttorney replied 1 year ago.

We cannot call numbers listed here, and you should contact customer service to take your phone number off here. We can talk on the phone through a premium service through Just Answer but that's entirely up to you.

Expert:  FamilyAttorney replied 1 year ago.

I'd like to know what your dad signed but if he was taken advantage of, there are ways to get out of it. It can be done if your son used what is called "undue influence" against him, so that your dad trusted your son and should not have trusted your son because your son manipulated the situation. That's what it sounds like you are saying.

Expert:  FamilyAttorney replied 1 year ago.

Please let me know if I can help you today. If you are interested in a phone call instead of typing, you can let me know that too. I'm would like to help you.

Customer: replied 1 year ago.

I would like a phone call at *****************. I am unable to talk today because one of the 4 persons are here today. Please call anytime after 12:30pm CT (Ohio). Thank you Melody for Donald *********

Expert:  FamilyAttorney replied 1 year ago.

Hi, I got your message. I can talk to you tomorrow if you'd like. We have to call through the premium service here on Just Answer so either of us can arrange for a premium service phone call. If tomorrow works for you, I can be available after 12:30 Central time.

Expert:  FamilyAttorney replied 1 year ago.

Please let me know if you want a phone call today, 1:30 pm EST. Just remind me if you decide you do. I may be busy and forget and I don't want to do that if you want a phone call. Thanks.

Customer: replied 1 year ago.
a phone call would be fine. After 12:30 pm on July 12.
Expert:  FamilyAttorney replied 1 year ago.

Okay, will do. Thanks.

Expert:  FamilyAttorney replied 1 year ago.

I just wanted to see if you're here and if you still would like a phone call. I believe you have to set it up on your end. Thanks!