My Aching Back: Do I Go to Court?

To: Ask the attorney,
My name is John. I am 50 years old. I had a major back surgery at mid 30 which i had to have a pain pump installed in 2000 they changed my pump in April 2008 with which they messed up the surgery and caused me great prolbems with all parts of my life after i went to another dr and he fixed the prolbem in may 2008 the prolbem started again were fluid was leaking from my spine i would like to know if i can hold the first dr for all my trouble please let me know.

THANK YOU VERY MUCH
J 

J:
Thank you for your question and sorry to hear about your problems.  First, I recommend that you continue to seek to obtain the best possible medical care available to overcome the problems you are having.  Second, I assume you are asking a lawyer because you thinking about legal recourse, that being a medical malpractice claim.  If so, I suggest you consider hiring a lawyer who focuses his or her practice on such claims.  That area of legal practice has become very specialized.  Also, be aware that there are strict rules about how and even the timeframe in which such a claim must be filed.
I wish you the best and hope you find relief from your suffering soon!
Sandy

Selling the House

Good morning.  My sister has recently told me that there is not going to be as much money in my mother's estate as I thought and I have never said anything about it. Now my sister said she is going to sell mother's house and it was supposed to stay in family, it's an income property. My sister said that she has someone who will buy it. My name is on the deed. I think my niece and my sister think i forgot about signing the deed. My mother is not doing very good, does not remember and is failing. My sister is working on putting my mother in nursing home which she promised she would never do. I would like to be ready for anything that might happen.
 
1. If my sister asks me to sign the deed what should I do?
 
2. Should I sign my name if they don't ask me to sign deed, and take care of it when my mother passes away?
 
Sincerely,
H

Dear H:
Thank you for your thoughtful questions.  The facts you provide raise a long list of additional concerns but I do not feel capable of answering your questions directly without more information.  It sounds like there is more than one person on the deed - is this correct?  Also, it sounds like your sister is telling you that money is needed to take care of your mother and selling the house may help provide extra funds needed - is that correct?  Could your mother continue to be properly and safely cared for outside of a nursing facility?  If so, where?  How would that be paid for?  Is your mother presently eligible for any type of public or private benefits such as long-term care insurance, veteran's aid & attendance, Medicaid?  Does anyone have legal authority to act on your mother's behalf (legally, financially, medically) If necessary?  All of these and more questions would have to be answered before good guidance could be provided. 

My only general answer I can give you concerns your question about should you sign the deed if asked - and even here my answer is, get the advice of good counsel who represents your interests. 

My recommendation is that you are prepared to answer the questions I noted above and for you to hire a qualified attorney to assist you directly with all the above issues.
Sorry I couldn't be of more help.
Sandy

Life Insurance

Hi,

My elderly father purchased a small $10,000.00 accidental death insurance policy from a Life Insurance Company.  The company delayed payment for 4 months while they determined that he actually did die as a result of a fall.  When they finally sent the payment, it was for $2,500.00, not $10,000.00.  The explanation was that the amount was reduced because he was older than 70 when he died.  My issue is that he was older than 70 when he purchased the policy.  He purchased and paid for a $10,00.00 policy, not a $2,500.00.  Is what they did legal?  Also, are they not supposed to pay interest when they delay payment?  One other bit of information that may or may not be relevant, he purchased the policy through a local bank.  Do they have any role in ensuring that Monumental acts ethically?

Thank you for you assistance.

Sincerely,

L

Dear L:

Thank you for your question.  The facts you provide sure make it sound like something fishy is going on.  Review of the insurance contract is the first place I would go as a lawyer.  You may also consider filing a complaint with the State of Michigan since the State regulates insurances companies that write policies inside the State.  The State agency with that authority is the Office of Financial and Insurance Regulation.  Information about the complaint process can be found on the web by clicking here.

I recommend that you also consider discussing this matter with a bank representative as well who may be able to help. Good luck and please let me know what happens.
All my best.
Sandy

Probate Issues & Transfer of Real Estate

I am the executor to my parents will.  My father died about 2 years ago and my mother is now in rehab for a broken hip so my thoughts have turned to what is necessary for me to settle their estate when she dies.

She recently told me that she could not find the paperwork indicating she owns her house (title papers).  Where do I go to get a copy of these and what else do I need to make things easier when I have to administer the will?

I am on her bank accounts at this time.

F

F:

Thank you for your questions. Your first question deals with obtaining a copy of the last deed of record for the property.  These are on file with the register of deeds in the county that the real estate is located.  Some counties have these records available on line. 

Your question about how to prepare for the job of administering your mother's estate after her death is a bit more complicate.  I will break it down into two main sections -

1) probate issues and 2) other concerns pertaining to the transfer of real estate.

1) Probate issues - the Will is the legal document that controls how your mother's assets will be distributed after her passing.  In order for her Will to have legal effect, the Personal Representative has to first be appointed by the Probate Court.  However, the Will only controls assets that are distributed by some other legal means.  For example, if you are a co-owner of her bank account, then you will be the sole owner when she passes without the need for the account to be subjected to the probate process.  Another example is life insurance - it goes to the named beneficiary without the need for probate (unless the beneficiary is her estate). 

2) Other concerns pertaining to the transfer of real estate - these have to be handled very carefully to avoid probate as well as avoid other negative consequences.  There are very good ways to accomplish these objectives, but I could not give general advice on this since each case is different.  One bit of general advice though, two of the most common ways people try to do this is either by Quit Claim Deed or joint ownership.  In my experience, neither of these are the best option.  Some of the negative results that could occur (but can be avoided with proper planning) include: needless extra property and/or income taxation, creditor risks, Medicaid penalties, and personal liability.  I strongly recommend you seek the advice of a competent attorney as to these matters to help make sure things are done right and you do not end up with unintended negative results.

Hopefully this will help.
All my best,
Sandy

Will vs. Trust

Hello,
I am the Power of Attorney for my godmother.  I have had a will prepared for her and it is signed and filed with the County probate.  We did this to have something prepared in case of her death.  It is pretty comprehensive and clear.  We have been talking about a Trust instead of the Will in order to get through the process of estate (or probate) distribution, simpler.  How can the Will be replaced by a Trust or can a new Will be drawn up and reference it to a Trust?  Also I understand that the fee to draw up a Trust is much more than a Will.  In this case we want theTrust to mirror the Will.  Can attorney fees be reduced for a Trust preparation if the information is already outlined in a Will?
Thanks,
R

Dear R:
Thank you for your thoughtful question.  The choice to file a Will in the County Probate Court is optional and the Will can be removed if and when changes are made.  If your  mother chooses to have a Trust manage her estate, the process could be simpler IF all of her assets are either titled to the trust or properly coordinated to allow for management during any period of incapacity and to make appropriate distribution after her passing.  The retitling and coordinating of assets is a process commonly referred to as "funding" the trust and is very important to get the results you are seeking.  I recommend your mother discussing the particulars with her attorney (or find another qualified attorney to assist if that relationship is not in tact).  In our office we would suggest that the current Will be retrieved from the Probate Court and the new plan designed.  The costs will vary from one law office to another.  In our experience, it may be more cost effective to follow-up with the existing lawyer than starting with a new lawyer.
Sandy