Follow
Share

My mom is a widow, she is 98 years old and has a will and a trust. I will be the executor and I already have POA for her health and finances. I was talking with the assistant to her attorney and was told that I needed to come in with a letter from the doctor saying she has dementia, and I will need more papers drawn up. When I asked what kind of papers, she said she didn't know, but the lawyer will tell me.


Since I have all POAs for her, does anyone know why I need to go in, it just doesn't make sense to me? My husband and I are her caretakers and we live in Nevada. Her attorney charges $500.00 an hour, to me it seems like a way for them to get some more money out of me. I am just wondering what others experience in this area.

This question has been closed for answers. Ask a New Question.
We already did the deed (that sounds kind of punny). The house is to go to me once she passes and we filed the paperwork with the county already. The trust has been funded and everything done, there is an exempt trust and a living trust. I'm thinking they want me to try to get guardianship, which is expensive and time consuming, and I have no interest in doing that.
Helpful Answer (0)
Report

I feel your frustration. If you even ring and ask them to be more specific about the appointment, the ratbags will probably charge for that too.

But it's outrageous that the assistant couldn't answer your reasonable questions. Money aside, they're asking you to spend your time on this - obviously you need to know why it's necessary to attend the office and what documents they're talking about. Honestly!

I think I'd email The Big Himself and ask.
Helpful Answer (2)
Report
CoffeeCats Jun 2021
I'm thinking they want me to try to get guardianship, which is expensive and time consuming.
(0)
Report
Who's the successor Trustee? (It's not the same thing as an executor.) That's what's important, because a POA is no good once she's gone.

If your mom has a properly set up will and trust, I'd really wonder what the attorney needs. You should be able to send in the doctor's letter for his files, but I'd question what he needs, too.

Sounds to me like the assistant is fishing for billable hours.
Helpful Answer (0)
Report
CoffeeCats Jun 2021
My dad died 10 years ago, so I don't know if there is a successor trustee. If it is listed in her paperwork, it would be me. From what I can figure out, I'm thinking they want me to try to get guardianship, which is expensive and time consuming. I'm just going to it go.
(0)
Report
If you are already set up as acting POA, then there is honestly nothing else you need to carry forth this duty. If however, you have not taken this POA to a bank, and/or a bank has refused it because documentation has not been completed, then you do need to do this work with a lawyer, and yes, JoAnn is correct that your mother's funds pay to do this.
Some POA were written as part of the senior's documents. It will say RIGHT ON THE POA itself under what circumstances you may serve. Usually it says that the assessment of two doctors is required to enforce the document, that the senior can no long act in his or her own behalf. That is the norm on a POA done before there is a need. Then the Lawyer writes you a letter of certification that you are now POA for the Estate and he files the letters from the doctor.
So read your POA document. It will say what is required for you to act as POA right on the document itself. Also, tell the office Secretary that you cannot come in until the Lawyer tells you exactly WHY you are coming in and exactly what you need to bring with you. It should not be difficult for you at this point to get the documentation of the MDs for him if this is what is required.
Helpful Answer (1)
Report
CoffeeCats Jun 2021
I've already used her POA for financial and medical reasons. There hasn't been a problem, except for Wells Fargo, who made my mom come in with me to fill out their paperwork. I was so angry at them because she is pretty much homebound and it was very hard for her to go. One would think with all the money Wells Fargo has they could send out someone to fill the information out to my moms house! Other than that I'm thinking they want me to try to get guardianship, which is expensive and time consuming. Otherwise, I don't believe there is a reason for me to do this.
(0)
Report
Anything the lawyer does should come out of Moms money. I do agree, that it would be nice to know what he needs u to come in for.
Helpful Answer (1)
Report
CoffeeCats Jun 2021
It would come out of her money, for sure. But I'm not going to send them anything. I'm thinking they want me to try to get guardianship, which is expensive and time consuming, which I am not going to put her through and I don't want to go through it.
(0)
Report
You have every right to ask specifically what the attorney plans for this visit.  You can also ask what data you need to bring (so you'll be prepared).    If the attorney balks, either keep insisting on more detail or don't go.

Given that a trust has been executed, it might be that the attorney wants to handle "funding" of the trust, something which you can do other than transferring real property.   Only an attorney should prepare the deed; you could record it, but I'd let the attorney handle that as well.

You can also ask why you can just send the doctor's letter to the attorney.

My attorney drafted everything in one setting.  We had one meeting for discussion of issues and a second to review and execute the dox.   We also had signed a retainer letter with a specific cost for the dox prep.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter