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- #3,711
CntryBoy777
Herd Master
Yes, we have the chancery system and it was delivered by the constable.
CntryBoy777 - The Lazy A** Acres Adventures
- Thread starter CntryBoy777
- Start date
- Thread starter
- #3,712
CntryBoy777
Herd Master
I thought I'd treat y'all today with some pics of tbe Boys acting like clowns....and the old girl is still around too....tho, she sure does miss her shot at the Layena we had out for the ducks....she was the only one that could fit and we always called her the big black duck....she would come out spunky a few times, so I just let her do it....she is 11yr old anyway....I did have to watch her for some bloat, but wasn't an issue.....
.....they are still fat as ever and are a real Hoot to be around.
....and here are a couple of Queen Gabbie....
it has been a really "crazy time" in life right now....and the engines are churning faster.....yep....just like a rollercoaster ride.....but things are looking pretty decent on this end so far, so we'll see if there is anything to concern our selves with once her standing in the matter has been clarified. If the paper she has is a fraud, then there isn't a court in the land that will allow such action....if she has no paper....no ownership....then is where probate steps in....
.....they are still fat as ever and are a real Hoot to be around.....and here are a couple of Queen Gabbie....
it has been a really "crazy time" in life right now....and the engines are churning faster.....yep....just like a rollercoaster ride.....but things are looking pretty decent on this end so far, so we'll see if there is anything to concern our selves with once her standing in the matter has been clarified. If the paper she has is a fraud, then there isn't a court in the land that will allow such action....if she has no paper....no ownership....then is where probate steps in....
greybeard
Herd Master
Those are some mighty big ifs, considering how far things have already gone. Good luck with it..
Mike CHS
Herd Master
I don't remember seeing anything but do you have a lawyer on your side?
Mike CHS
Herd Master
I don't remember seeing anything but do you have a lawyer on your side?
- Thread starter
- #3,716
CntryBoy777
Herd Master
Not at this time Mike....the one that I talked to won't return calls...which means they don't want to handle it as it is too small of a case....my brother talked to one and they charge $10,000 plus 40% of the value that is recovered in probate. So, the initial steps are just us....but, we do have a strong position and she has nothing to refute the evidence with....I'm the only one left alive that knows the family history and since the attending doctor is on my side and all evidence proves her paper is no good....we feel confident that it will get sent to probate....whatever the outcome in probate, at least my brother and me won't get left out....and she won't get to dictate.....
Mike CHS
Herd Master
Gotcha and I can't say that I blame you at those prices.
- Thread starter
- #3,718
CntryBoy777
Herd Master
The main goal is to thwart her attempt at claiming everything for herself....and then let the chips fall as they will. I can prove Dad was not of sound mind at the time of the signing of the paper and she has nothing to reinforce the stance that he was. That will send things to probate and that could be a crap-shoot, but she surely won't get it all. A poor man will remain poor because who wants to catch minnows when there are much Bigger fish to fry....
greybeard
Herd Master
Some thoughts and some questions.
1. She undoubtedly has some kind of documentation regarding her authority to place the deceased into long term care (nursing home). That documentation (whatever it was) was accepted. She also would have had to have some documentation as the prevailing authority to make/pay for the funeral arrangements, even if a paid up life insurance/burial policy was used. That same documentation would probably have been accepted by both Social Security and Medicare/Medicaid. (more on those later)
2. She would also have had to have documentation that the court or a member of the court involved accepted in order for the summons to be served on you. No one can just walk up to the constable or chancery court and get a summons issued without 'something' in hand showing they have authority/ownership over the property in question. If that were the case, anyone could get anyone else drug into court for any reason at all regarding who was living there.
3. The trust.
a.Proving the trust is invalid is going to be tough. Once one is formed and filed, they are very difficult to get undone, especially if there is only one living trustee left, and even more so if it is an irrevocable trust--meaning once assets are moved into trust, they cannot be removed. A lot depends on the date the trust was formed, and how far along in dementia the deceased was. Proving "not of sound mind' is not easy, as there are different levels of dementia. It will not be enough to simply show he suffered from dementia...YOU will have to prove he had progressed so far into dementia that he didn't know what he was doing or why. The court will not do that for you.
b. There are various reasons for forming a trust, but the only ones that are relevant here are greed and protection of assets. I won't addres the greed part at all because I don't know the particulars.
I assume your father was on both medicare and drawing social security benefits. You said your father was placed in long term care..a nursing home. I can tell you from experience, that they are expensive. Most nursing homes will readily accept social security as a form of payment, but most SS monthly benefits are not enough to cover even custodial and minor medical care a nursing home provides. (the national average SS 'check' is around $1250/month) . That doesn't go very far. The next place a nursing home looks is to medicare, but part B medicare doesn't cover long term custodial care at all, and even in skilled nursing care (that's a step up from custodial care) medicare will only cover the 1st 100 days, with the first 20 days paid in full, and the next 80 days a co pay of $124/day is required. After 100 days, you're on your own unless re-admitted to a hospital and then re -released back to skilled nursing facility where upon the 100 day thing begins again. won't kick in as long as the client has personal assets to cover the costs.
Medicaid (a state managed program) DOES cover custodial nursing home care, but with severe financial restrictions. If the patient has assets, Medicaid requires those assets to be liquidated and used first before Medicaid will kick in. IOW, the patient would have to spend down to the point they are all but indigent before Medicaid pays. (they usually can't take the patient's primary residence, but they can attach all other assets..raw land, bank accounts, vehicles, stocks & bonds etc). Most Medicaid/Medicare approved nursing homes have people that do absolutely nothing but search records to find what assets a patient has.
But, if assets are placed in a trust, they are usually protected from nursing home 'garnishment'.
When one goes into a nursing home, you never know how long the stay will be....sometimes they don't live very long afterward admitting, sometimes they live decades longer, so the cost can be quite expensive and you have no way of knowing at the beginning.
something to think about.
4. I suspect, (just from what you have posted) that this hearing will focus solely on you not vacating and "maybe"why you didn't vacate, and that's a very tentative 'maybe'. IOW, this hearing probably isn't about the estate at all..it's going to be about you and you not vacating. She has undoubtedly already submitted some kind of documentation showing her to have sufficient authority to demand you vacate--otherwise, there would never have been a summons issued and served. At most, I suspect the court will direct you to get legal representation and file suit disputing the trust.
So, she most likely does have paperwork, and according to your posts, you have none.
Questions..
(you don't have to answer these if you don't want to..won't bother me a bit)
It seems odd that you were summoned to court to explain why you haven't vacated if you hadn't been ordered to vacate previously..did I miss something?
Is the summons the constable delivered to you, the only paperwork you received regarding 'eviction' or did you receive something previous to that?
If so, how was it delivered, what/who was the signee giving authority for the demand to vacate?
1. She undoubtedly has some kind of documentation regarding her authority to place the deceased into long term care (nursing home). That documentation (whatever it was) was accepted. She also would have had to have some documentation as the prevailing authority to make/pay for the funeral arrangements, even if a paid up life insurance/burial policy was used. That same documentation would probably have been accepted by both Social Security and Medicare/Medicaid. (more on those later)
2. She would also have had to have documentation that the court or a member of the court involved accepted in order for the summons to be served on you. No one can just walk up to the constable or chancery court and get a summons issued without 'something' in hand showing they have authority/ownership over the property in question. If that were the case, anyone could get anyone else drug into court for any reason at all regarding who was living there.
3. The trust.
a.Proving the trust is invalid is going to be tough. Once one is formed and filed, they are very difficult to get undone, especially if there is only one living trustee left, and even more so if it is an irrevocable trust--meaning once assets are moved into trust, they cannot be removed. A lot depends on the date the trust was formed, and how far along in dementia the deceased was. Proving "not of sound mind' is not easy, as there are different levels of dementia. It will not be enough to simply show he suffered from dementia...YOU will have to prove he had progressed so far into dementia that he didn't know what he was doing or why. The court will not do that for you.
b. There are various reasons for forming a trust, but the only ones that are relevant here are greed and protection of assets. I won't addres the greed part at all because I don't know the particulars.
I assume your father was on both medicare and drawing social security benefits. You said your father was placed in long term care..a nursing home. I can tell you from experience, that they are expensive. Most nursing homes will readily accept social security as a form of payment, but most SS monthly benefits are not enough to cover even custodial and minor medical care a nursing home provides. (the national average SS 'check' is around $1250/month) . That doesn't go very far. The next place a nursing home looks is to medicare, but part B medicare doesn't cover long term custodial care at all, and even in skilled nursing care (that's a step up from custodial care) medicare will only cover the 1st 100 days, with the first 20 days paid in full, and the next 80 days a co pay of $124/day is required. After 100 days, you're on your own unless re-admitted to a hospital and then re -released back to skilled nursing facility where upon the 100 day thing begins again. won't kick in as long as the client has personal assets to cover the costs.
Medicaid (a state managed program) DOES cover custodial nursing home care, but with severe financial restrictions. If the patient has assets, Medicaid requires those assets to be liquidated and used first before Medicaid will kick in. IOW, the patient would have to spend down to the point they are all but indigent before Medicaid pays. (they usually can't take the patient's primary residence, but they can attach all other assets..raw land, bank accounts, vehicles, stocks & bonds etc). Most Medicaid/Medicare approved nursing homes have people that do absolutely nothing but search records to find what assets a patient has.
But, if assets are placed in a trust, they are usually protected from nursing home 'garnishment'.
When one goes into a nursing home, you never know how long the stay will be....sometimes they don't live very long afterward admitting, sometimes they live decades longer, so the cost can be quite expensive and you have no way of knowing at the beginning.
something to think about.
4. I suspect, (just from what you have posted) that this hearing will focus solely on you not vacating and "maybe"why you didn't vacate, and that's a very tentative 'maybe'. IOW, this hearing probably isn't about the estate at all..it's going to be about you and you not vacating. She has undoubtedly already submitted some kind of documentation showing her to have sufficient authority to demand you vacate--otherwise, there would never have been a summons issued and served. At most, I suspect the court will direct you to get legal representation and file suit disputing the trust.
So, she most likely does have paperwork, and according to your posts, you have none.
Questions..
(you don't have to answer these if you don't want to..won't bother me a bit)
It seems odd that you were summoned to court to explain why you haven't vacated if you hadn't been ordered to vacate previously..did I miss something?
Is the summons the constable delivered to you, the only paperwork you received regarding 'eviction' or did you receive something previous to that?
If so, how was it delivered, what/who was the signee giving authority for the demand to vacate?
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greybeard
Herd Master
An extreme amount!!
You need to look further for a better attorney.
I've used lots of attorneys in my life, have one now, and have never seen charges even approaching that quote.
The attorney that handled my father's estate in 07-08 charged $1000 up front and only time actually spent on the estate. No %. Final bill (including the $1000 retainer) after 18 months of extensive searches and court/IRS filings were around $5800. He had a pretty extensive estate in 3 states and several counties in each state.
My recently deceased brother's estate is being handled by 2 different attorneys, (again, 2 states) is pretty much settled tho it had probatable and non-probatable assets, with the will and non-probatable portion being contested and so far the legal fees combined have been less than $3000. No % for those attorneys either..just billed for time spent, as well as reimbursement for court filing fees.
Every family or adult that does anything at all should have an attorney on retainer. Waiting until one is absolutely needed is the wrong time to start looking for one.
