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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 11-05-2009, 11:33 PM
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Join Date: Oct 2009
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Unhappy

Can she really do this???


What is the name of your state (only U.S. law)? Illinois (but she lives in Iowa)

My grandmother adopted me when I was really young and raised with my grandfather. By the time i was 20, my grandfather had died and she was in poor health. I still lived at home so i could over see her care and had taken a full-time job to help with finances and was going to school part-time. Well by the end of that semester her health gotten much worse and she wanted me take a break from school and quit my job and stay at home with her. well in the months from when i ended the semester and quit my job, her friend started getting involved with everything. she started accusing me of everything under sun, she even tried to get a protective order against me on my grandmother's behalf and it failed, the judge dropped it because she has a bleeding disorder and an harm done to her would result in hospitalization and that there was no missing money (they submitted the account statement and her check book and said there was 3,000$ missing and not accounted and it turned out her friend forgot to subtract 3 morgage payments and car payment totaling $3,000 from the checkbook yeah real good at balancing checkbooks).
since the po was filed i haven't spooken to my grandmother personally, i've let her know through family friends that i got married and have a child, but i won't speak to her directly. well i found out she changed her will and her friend is getting the house and the contents and i'm getting stuck with the bills (credit cards, car payments, and morgage totaling almost 100,000$). Can she really do this??? After a morgage transfer, could i charge her friend rent for living in the house??? when i was eightteen i signed that in the event of disability or death i would take it over. also she has taken out several loans against her life insurance policies and never paid them back, the company cancelled the policies, do i have to pay that back as well?
  #2  
Old 11-06-2009, 12:58 AM
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Join Date: Sep 2004
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Quote:
Can she really do this???
It's unclear who "she" is and what "this" is. Your grandmother/mother changing her will? Yes, she can change her will. Are you alleging that the friend exerted undue influence over your grandmother in making the will change? If so, when she passes away, you can explore contesting the will on those grounds (or possibly grandmother's lack of testamentary capacity, although, you don't say anything about her mental state).

Quote:
when i was eightteen i signed that in the event of disability or death i would take it over.
You signed what with whom?

Quote:
but i won't speak to her directly.
Why not?
__________________
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Andy Travis: You always say that.
Arthur Carlson: Yeah, but this time it's appropriate.

Last edited by anteater; 11-06-2009 at 09:31 AM.
  #3  
Old 11-06-2009, 03:58 PM
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Quote:
Originally Posted by anteater View Post
It's unclear who "she" is and what "this" is. Your grandmother/mother changing her will? Yes, she can change her will. Are you alleging that the friend exerted undue influence over your grandmother in making the will change? If so, when she passes away, you can explore contesting the will on those grounds (or possibly grandmother's lack of testamentary capacity, although, you don't say anything about her mental state).


I don't care if my grandmother changed her will or who she gave what. Her mental capacity has been called into question several times and it doesn't help that she is on pain medication, also a friend that is controlling. I've informed my grandmother's doctor of somethings she was doing at the time that worried me and he ran tests and she was mentally sound.

Quote:
Originally Posted by anteater View Post
You signed what with whom?


When i was eightteen, my grandmother refinanced her house. She has had multiple morgages, she has had the house since 1972 and it is still not paid off. when my grandmother refinanced the house again, i was asked to sign a paper for the morgage company that in the event of death or diability i would take over the payments. at that time my grandmother was eligible for more money than she needed, so we used the extra money to pay off some of her other debts (credit cards and other things she had financed.)

The economy was no where near as bad as it is now and i was still an optomistic high school grad that thought after college i'd make a lot of money and a house payment wouldn't be that bad . Reality did finally hit much later and i realized the ramifications of what i signed when i was not living there.

Quote:
Originally Posted by anteater View Post
Why not?


my grandmother and i are no longer on good terms. i don't want anything to do with that situation, i've had my name dragged through the mud too many times. She is abusive, and has been long before her health started failing, i was a fool to think it was okay to be treated like that. i don't want to be called another name in my life nor do i want my son to ever think it were okay to disrespect someone. my grandmother is aware that my son is here...she received a phone call the day after he was born (he was born in the middle of the night) by my husband to let her know that she was a great- grandmother and she wasn't happy and said she wished i had died. my grandmother has made no effort to see my son, no phone call, no letters, and no cards. she was told what hospital we were at and she never came up to see him.

It's a concern to me that her friend will be living in the house while i'm making the payments for it. That what i was asking, can she will the house to someone and have the morgage paid by someone else.
  #4  
Old 11-06-2009, 06:54 PM
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Join Date: Sep 2004
Posts: 2,985
There isn't any chance that you were added to the deed as an owner, is there?

I suggest that you get copies of whatever you signed and make an appointment with an attorney.
__________________
Arthur Carlson: Well, first thing we do is call an attorney.
Andy Travis: You always say that.
Arthur Carlson: Yeah, but this time it's appropriate.
  #5  
Old 11-06-2009, 07:20 PM
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Join Date: Oct 2009
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Quote:
Originally Posted by anteater View Post
There isn't any chance that you were added to the deed as an owner, is there?.


nope, her name isn't even on it, it's still in my grandfathers name.

Quote:
Originally Posted by anteater View Post
I suggest that you get copies of whatever you signed and make an appointment with an attorney.


i called the company the next business day after being served with the po (it was a holiday weekend when i was served) and they informed me unless she requested a copy of the morgage in writing, that i couldn't touch it. I'm calling a lawyer on monday, so i can see if he/she can get a copy of it.
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