Posted by 101livescan on 10/4/12 2:14pm
Msg #437188

Scenario

Just a minute before I have to run out and do a closing with physician at her office.

A few years ago, a gentleman in my town called and asked if he could meet me for coffee to discuss an notarization of a quit claim deed on a property in Georgia his father owned. Sure, I met him, right across the street from Assisted Care Residential facility where Dad resided. Dad owned a property in GA son wanted to sell to pay for addition to his home for Dad's relocation.

Turns out client's attorney suggested he call me to discuss the following request.

Dad in Altzheimer's unit at facility. Son wanted to add on to his house and bring dad home because they were running out of money to maintain his facility residential care expenses.

I said, just how much on a scale of 1:10 is dad in Altzheimer's. About 70 he says. Oh, okay, and are their other members of the family that are on board with this planned relocation etc.

Well, I have a sister, but she's filthy rich living in San Francisco and won't care.

Have you discussed this plan of might like take is to go to court for conservatorship over your father's financial affairs, but your attorney should have recommended this. Yes, he did but it takes a long time.

In a nutshell, Dad would not be aware of the purpose of the QC deed. If his daughter challenged this quit claim deed and the sale of the property, I could have ended up in court being sued by the daughter for being left out of the decision making.

This is real life, and it happens every day. Many people in this world have not tied up the details of what is to happen to them in their demise or incapacitation.

And there are notaries everywhere who would have performed this act no knowing any better. Actually I was surprised the client's attorney recommended he contact me (btw, willing to pay me handsomely for my effort), as the attorney definitely knows better, but what the heck, try it any way.

I've often wondered what happened to Dad. It occurred about 4 years ago.

Reply by Jack/AL on 10/4/12 2:21pm
Msg #437192

Perhaps the attorney was just honest enough to not perform that act and stick out his neck and career, but thought the client might find a Notary Public who was ignorant of correct and legal steps, or crooked enough to knowingly participate. Ya did good...........

Reply by HisHughness on 10/4/12 3:16pm
Msg #437199

You left that poor, floundering son in the lurch...

... requiring him to follow the law? What, did you have to surrender your heart and all human compassion when they handed you your commission?

Reply by Karla/OR on 10/4/12 3:40pm
Msg #437201

Terrible and scary situation at best. People have to be so careful these days and always CYA.

Where was the guarantee that the son was not going to just pocket the proceeds of the dad's home and leave the dad in the assisted living facility? I prefer things in black and white and had I been the daughter in San Fran, I would have wanted a say (especially if she felt the son was not a good fit to take care of the dad or that he was just doing it for the money). I would have wanted some legal documentation and monthly reports of monies being used from the dad's checking account.

Yes it may have taken time to accomplish this but perhaps there could have been an emergency court hearing requested based on the circumstances.

It brings back harsh memories of my mom being in a nursing home and not able to speak. She worked till late in life and had a nice home along with my step-dad and two half-sisters. My mom died first and my step-dad several years later. Their house was sold and the profits were shared by the two half-sisters. My two brothers and I received nothing.

Reply by CJ on 10/4/12 11:02pm
Msg #437241

I'm glad you didn't do it.

First of all, it's illegal. And how do you know the sister is "filthy rich" and "doesn't care". She could be poor and care very much. It's EXACTLY scenarios like which is why the law is the way it is. What a great opportunity for the brother to cheat his sister out of her inheritance. "Add on" for dad. Yeah, right.

Dad should have spelled out everything in a trust when he was in his right mind. They should have gotten their act together as soon as they started suspecting Altzheimers. And if the son is willing to take care of dad NOW, why wasn't he taking care of dad when dad was "easier"? The whole thing smells VERY fishy. I'm glad it's illegal.

Reply by 101livescan on 10/5/12 8:38am
Msg #437267

Re: I'm glad you didn't do it.

Amen. I am particularly aware of people trying to scam their siblings because it happened when my dad passed in 2007. His stepchildren in Michigan, Ohio and South Dakota emptied his bank account and were in the process of selling his house 50 cents on the dollar when dad died suddenly in ICU. By the time I got there they were spending his money like no tomorrow and I was able to get the house because I was his natural daughter and they were legal strangers. I hope they choked on the $250K, my dad was a saver, 30 years navy man.

Nar do wells, Karma will prevail.

Reply by sp/MI on 10/5/12 11:38am
Msg #437310

Re: I'm glad you didn't do it.

I think we are all missing the point. We are not attorneys and cannot give this kind of advice to anyone. If the son contacted you and asked you to notarize a quit claim deed, then you could do so. As long as he has current picture identification. It is not our decision to determine if the documents are "legal" or not. We are simply notarizing a signature on a document. However, because he contacted you and asked you about whether you would under those circumstances, no matter how cold you may have seemed, you should have told him you do not make those decisions and you should recommend he seek counsel from an attorney about what to do - prior knowledge. I agree, it's horrible when our aged relatives are taken advantage of by anyone, whether it be natural relatives or others.

Reply by NVLSlady/VA on 10/5/12 11:48am
Msg #437311

I wish estate planning was more available in communities. I keep telling my parents to plan, but they think they have to be wealthy to have an estate plan. No matter how much I say, "but you own property!" they don't think it's necessary. But it's the survivors that end up having to deal with all the "fallout" from failure to plan