Posted by Bill H on March 13, 2007 at 19:47:37:
NO, most are general informaion questions. There are a few attorneys who visit the site but none that I know of will give legal advice here for free…too much risk.
Living wills and the items in your post involve some thorough research and legal opinions which are not available here.
Good Luck,
Bill H
living will rights - Posted by Anna
Posted by Anna on March 12, 2007 at 20:01:52:
When an eldrely person is given a living estate with 4 names on a deed, do they have the rights to the timber on the entire land or is it a portion and according to their financial needs? Irronically speaking does this person have the right to sell all timber and give all the money to 3 of the favored children and leave one child out completely?
The ubiquitous competency issue - Posted by John Merchant
Posted by John Merchant on March 21, 2007 at 14:24:34:
Omnipresent in anything a really elderly person does is the underlying mental competency issue.
Most any & all decisions made by such an elder are likely to be, or at least subject to being questioned and challenged…“ah, Granny didn’t know where she was half the time there for last few yearss, so she probably forgot about Billie Sue”, etc., etc.
Exactly why, when an elder does want to gift or devise (by last will)a piece of property to fewer than ALL heirs, equally, he/she’d be wise to consult with his/her lawyer and get help doing this in such a way that it won’t be later challenged, or at least won’t be any cinch to challenge.
If done by gift while alive, the elder could have his/her lawyer draft a letter to all the kids, etc., telling them why she’s doing what she’s doing, why she’s omitting somebody, etc…and in a Last Will much the same thing can is (often)done, at least mentioning the omitted person so it’s clear that that person was NOT merely forgotten…and Granny clearly WAS in her right mind when it was done.
Also it’s often done, by a REALLY oldster, that he she actually consults with a psychiatrist who does enough observation, questioning and testing so he/she is prepared to get on a witness stand to testify about how alert and “with it” that Sr. was at that time.
Priceless testimony when needed and no way to replicate if it’s not available.
Oh, sure, a challenger or defender might subpoena Granny’s own Dr. but who knows what that MD might say or which way he’d try to sway the facts.
When I’m dealing with anybody over 60 I do my best to have a 3d party, neutral person present so as to be able to testify later about how alert that 60+ person was at that time, how bright she appeared to be, etc…and how fair she thought I was, not doing any arm-twisting, over-promising or pressuring to get my way.
rights - Posted by Nike
Posted by Nike on March 13, 2007 at 20:04:06:
Do you mean the elderly woman has a life estate and the four additional named hold future interests? What’s the language in the deed? Did the four hold title and convey a life estate or did another person create a life estate and remainder interests in the four? Was the land used for timber in the past? is there any mention in the deed as to how the land may be used? The injured remainderman can likely prevent but you need more information and we can help sort this out. If this is about to happen you need to talk to a local attorney quickly.
Re: living will rights - Posted by Bill H
Posted by Bill H on March 13, 2007 at 02:26:55:
Anna, these are legal questions. You should consult with a real estate attorney. You are not likely to get answers here.
Good Luck,
Bill H
Re: living will rights - Posted by Anna
Posted by Anna on March 13, 2007 at 18:20:51:
Isn’t pretty much every question here a legal question?