What is the Law anyway?

hambeak

I got a call from an attorney yesterday and he said that if I become incapacitated my oldest child will be my guardian and can decide my future and present care. I changed my phone number and I will sell everything if need be I do have a few bucks! My partner and I have worked very hard for what we have. Do I owe it to my children who hate me for being gay and leaving the wts? I took very good care of them financially. Their mother poisened them. They have fallen for all the crap.

looking_glass

I got a call from an attorney yesterday and he said that if I become incapacitated my oldest child will be my guardian

Wait I am confused, why would an atty call and tell you this? This seems rather random and odd. If you have a will or a power of atty, this will place the person YOU want to be in charge of your care and your estate. In some states you are required to state in your will that you are not leaving your children anything. For example if you have a current will, you will need to update it if it does not state that your partner is to receive all your assets and specifically stating that your new will replaces your old one. You should go to an attorney who handles probate and estates, not some jack of all trade atty as they usually know little about a lot and in the end they don't cover all the basis.

serendipity

Hi hambeak,

I think you really need to talk to an attorney about all this, and get a will drawn up, which will cover your assets, and get a document drawn up to cover your care. (forget what the doc is called.) Once you have these documents, I don't believe there is much that your kids can do.

earthtone

I agree ham, this doesn't sound correct. Get a second opinion. I just can't believe it works like that. I would even go so far as to orchestrate some type of evidence showing how your children are treating you for an attorney

looking_glass

I think you really need to talk to an attorney about all this, and get a will drawn up, which will cover your assets, and get a document drawn up to cover your care. (forget what the doc is called.) Once you have these documents, I don't believe there is much that your kids can do.

Ser - is right. Get your attorney involved NOW. Do not wait! Regardless of what happens w/ your health, you have to be proactive w/ re to your estate. Get an atty involved now. You need a will, you need a power of atty for health care and for property. You need everything spelled out to say fully who you want to get what and who in your family is not to get anything.

There is nothing your kids can do other then contest your will which will cost them money. Any atty who would possibly take the case would ask them for a retainer and I doubt that your kids are going to want to cough up anywhere b/w 5 and 10 thousand bucks to fight over your estate (which they could very well lose and in turn spend a lot of money for noth'n).

jaguarbass

I am led to believe by what I have heard that in my state of Florida if you become incapicitated your oldest child becomes your guardian. I was just told this last night at work. The way to defeat this is to have a will outlining your request. If you have something to bequeath you should have a will.

looking_glass

Often times if you do not have the proper legal documents (ie., power of atty for property/health care or a will) your family is allowed to step in and take care of your medical/legal issues if you become incapacitated the reason being that the state does not want to have to take on the care and/or financial issue of a person unless they are forced to do it. You HAVE to have everything spelled out, it cannot be word of mouth because that does not count for anything. Additionally, you should not prepare the docs yourself as each state requires different types of signatures/witnesses and language.

crazyblondeb

My dad died last month in Texas. 2 years ago he had his lawyer draw up papers making my aunt guardian if he couldn't make his own decisions. This was so my sister and wouldn't fight. Like that would stop us! But he had it done by attornies, there in Texas. HE made the decision WHO he wanted. There wasn't anything I could do about it. Contact a lawyer. Are you in the dallas area or north of there? I know you told me, but I don't remember exactly where. PM me, ok.

shelley

outoftheorg

Even the strongest of "power of attorney" is void when or if the person dies. So it is only useable when you are still alive.

A "living" will only controls by giving the named person the right to make sure your medical wishes are respected and carried out when and if you are unable to express your desires. Such as do you want to be kept alive by machines or do you at that point wish to be left alone and pass away. There is more to learn about a living will. SEE AN ATTORNEY.

A will that is "correctly written" will control who does and who does not inherit your possessions.

If you do not want your children to collect. State in your will that YOU MAKE NO PROVISION' for my children. Then state their names and the reason for this decision. Ie" due to their complete lack of interest about me or my well being" or another reason. Also state clearly the name of the person who you DO want to inherit Your belongings. State what they are by "including but(( not limited to))" the following list of your possessions and money accounts and income and savings 401k's and on and on.SEE AN ATTORNEY If property is involved get the legal description and place that in your will. The mailing address will not do. SEE AN ATTORNEY

Also include that any person that contests this will is by that action, removed from the will and will not receive any recognition for inheritance. SEE AN ATTORNEY

A well written TRUST is even more controlling and also more expensive. SEE AN ATTORNEY

Some states have other useful documents but I doubt their effectiveness because of your relationship

such as community property "signed documents" (together) with the community property laws in place"

I AM NOT AN ATTORNEY So do not do this only on my statements here. HIRE AN ATTORNEY.

Outoftheorg

Scully

hambeak

This behaviour on the part of your children (and their attorney) is so deplorable and disgusting, that it actually warrants public exposure. They need to be publicly humiliated - possibly by way of a human interest story on local TV.

Your kids shun you and want nothing to do with you while you're alive, but then circle like vultures waiting for you to die?? Not cool. Not cool at all.

What is the Law anyway?

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