I have an uncle that is on his death bed and he has just recently decided to change his will and leave about 100 acres of land that is next to my parents land to a recent love interest. Needless to say we are all very upset about all this. My question is I have power of attorney can I take the deed up to the court house and deed it to myself? Or what are my options to make sure this doesn't happen? Any advice?
Legal help
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I have an uncle that is on his death bed and he has just recently decided to change his will and leave about 100 acres of land that is next to my parents land to a recent love interest. Needless to say we are all very upset about all this. My question is I have power of attorney can I take the deed up to the court house and deed it to myself? Or what are my options to make sure this doesn't happen? Any advice?
I have an uncle that is on his death bed and he has just recently decided to change his will and leave about 100 acres of land that is next to my parents land to a recent love interest. Needless to say we are all very upset about all this. My question is I have power of attorney can I take the deed up to the court house and deed it to myself? Or what are my options to make sure this doesn't happen? Any advice?
Wow.
It may suck that some recent interest is in the will, but if it was willingly created by him in sound mind, what is there to argue? It's his property, it is his decision.
If he wanted to donate 10mil to the local animal rescue league but that upset everyone, would you really try to circumvent a legal document that you are supposed to execute and uphold?
I am sorry to hear about your impending loss, but damn man.
It may suck that some recent interest is in the will, but if it was willingly created by him in sound mind, what is there to argue? It's his property, it is his decision.
If he wanted to donate 10mil to the local animal rescue league but that upset everyone, would you really try to circumvent a legal document that you are supposed to execute and uphold?
I am sorry to hear about your impending loss, but damn man.
Power of attorney or not... you can't just run down to the courthouse and record a warranty deed listing him as the grantor and you the grantee without his signature and him being of sound mind... well and some kind of consideration of course. If he want's the land to go to the so called love interest, you better either talk him out of it or unplug the machine before he draws up another will.
Without getting into the whole thing by recent I mean one month!! It's a long story and there is a lot more to it than that. It's land that's been in the family since the 1800's and ya damn right I have a problem with a care worker he has known for a month coming in an conning him out of the land he was leaving to me and my sisters.
the property apparently belongs to your Uncle, and as long as he has capacity, he is free to devise it at his death to whomever he chooses. The fact that you have a POA suggests that their "could be" a capacity issue, but it would be a very bad idea for you, as agent, to transfer title to the property to yourself. [insert Harry Doyle voice] "Juuuuuust a small breach of fiduciary duty."
The best bet is to have a heart to heart with uncle love monkey.
The best bet is to have a heart to heart with uncle love monkey.
If land has been in you extended family for more than 100 years and is about to be transferred out via legal will to someone the extended family dislikes, then yes you have the ability to just ignore the legal document and supersede his wishes for his possessions.
It's free and clear for you to decide what to do with his **** even though he already made the decision.
There. That is what you obviously want to hear.
Good luck, you may want to retain an attorney for the fallout from what you want to do.
It's free and clear for you to decide what to do with his **** even though he already made the decision.
There. That is what you obviously want to hear.
Good luck, you may want to retain an attorney for the fallout from what you want to do.
With an attorney is whether uncle cialis may have reached a point of mental and physical incapacity such that his judgment is legally impaired. This could potentially justify the establishment of a conservatorship. Just beware that this will be involved, intrusive and expensive.
try and get dawgstudent to erase this thread. It doesn't speak well of YOUR mental capacities that you have come here for advice.
If you know your uncle is of sound mind and you can't convince him to change his will, you are **** out of luck. So your only hope of keeping the property would be to execute a deed from him to X (preferrably a third party and not yourself - to avoid appearance of self-dealing). Although you may have to fight the new woman, at least you have an argument that he gave you the authority to manage his affairs, etc. Otherwise, you can watch new woman walk away with 100 acres. I wouldn't let it go that easy when my uncle has given me the blanket authority to make decisions on his behalf.
down with Uncle Woodrow would be to find a buddy in law enforcement and have them run a background check on the lady. You are not guaranteed anything but you may come up with some previous charges that will open your uncle's eyes and let him see straight again.
This happened in my family about 12 years back and it got very ugly. After a lot of money spent by different relatives fighting changes to a will, it made very little difference. You are going to have to have Uncle Woodrow's signature and if you cannot get it, that is pretty much the end of the road. You are not going to find a doctor that is going to claim that he is insane unless he is showing a ton of signs. Being a horny old man that wants a piece on the way out of this world is not one of the signs of being insane.
This happened in my family about 12 years back and it got very ugly. After a lot of money spent by different relatives fighting changes to a will, it made very little difference. You are going to have to have Uncle Woodrow's signature and if you cannot get it, that is pretty much the end of the road. You are not going to find a doctor that is going to claim that he is insane unless he is showing a ton of signs. Being a horny old man that wants a piece on the way out of this world is not one of the signs of being insane.
Ihave a little personal experience with holding POA forelderly relatives.A vulnerable person put histrust inyou to act as his attorney-in-fact when he signed the document. You justify thattrust by assisting him in handling his affairs in accordance with his wishes.Not yours. I'm tempted to say that your relative's recent decision is wiser than his earlier one, but your two message board posts don't provide enough information to make such a harsh judgement.
Good luck with a difficult problem.
Good luck with a difficult problem.
talk to him and make him enjoy life again for the first time in 50 years. She doesn't even know this is happening, and he's trying to change her life with a gift.
And you're the scrooge mean relative who thinks he "deserves" this land simply by birthright. This is america son, you don't have birthrights. If he wants to give it away, he can give it away.
And you're the scrooge mean relative who thinks he "deserves" this land simply by birthright. This is america son, you don't have birthrights. If he wants to give it away, he can give it away.
Might see if you and your attorney can have a private talk with her to let her know, if she receives the land through the will, you'll lawyer up and fight, drag her through the court until she's broke, ruin her reputation in her business. Or she can take this envelope containing $1K or some other appropriate figure, sign this document the attorney's prepared saying she'll butt out and be on her way to her next gig no blood, no foul, no further hassle. Then replace her with a guy.
Give him $20 and have him go to your uncle and recount a sordid love affair with this woman that often ended up in your uncle's bedroom. Of course, have the necessary paperwork handy.
I've got an uncle who is flat loaded and has no kids. When he dies, he can give his money to anybody he wants. It's his money and I did nothing to earn it. If he gives it all to someone else other than me or my brother, I'm cool with that. I'm entitled to nothing.
In this case, it's your uncle's land. He can deed it to anyone he damn well pleases if he owns it. You are the one being the "gold digger" in this scenario.
Now, if he is somewhat senile and the chick is trying to scam him and you are trying to protect your uncle then that is a different story.
In this case, it's your uncle's land. He can deed it to anyone he damn well pleases if he owns it. You are the one being the "gold digger" in this scenario.
Now, if he is somewhat senile and the chick is trying to scam him and you are trying to protect your uncle then that is a different story.
********. Go see a Lawyer. There are reasons that he can't do this...legal reasons.
I hate people who take advantage of sick people and that care giver sounds like one who does.
I hate people who take advantage of sick people and that care giver sounds like one who does.
I don't care if it is "in your family". It is your uncle's choice what to do what he wants with what is his.
Another newsflash: whatever belongs to your parents does not belong to you just because you are related. Go ahead and get ready for that screwjob now.
Another newsflash: whatever belongs to your parents does not belong to you just because you are related. Go ahead and get ready for that screwjob now.
I won't even care if she's just after my money. Hell, I'm old and banging a hot chick! And, she can have my money when I die, I don't need it. I'm dead.