Any Lawyers or folks familiar with probate court on here?

Hi all,

Anyone who has experience with this, who is not an attorney is also welcome to respond.

So there is a long story, but the abbreviated version is that my father is in a nursing home secondary to advanced dementia, and my wicked step mother who I do not trust sent me a form for a conservatorship of my father, the form was also sent to my other siblings.

The form is written in legal Spanish, for lack of a better term, and I am just trying to figure out what a couple things mean.

One statement that is checked off, states: " I assent to the personal representatives serving without sureties on the bond".

I know from attorney google that assent means to agree too, a bit what the rest means, but I not 100 percent sure I get the total meaning of it.

Another box that is checked off at the top of the form is "Assent and waiver of notice". And the other box that is checked off at the top is "Waiver of Sureties".


One of the first lines on the form that is checked reads "I hear-by assent to the petition for appointment of conservator for disabled person filed with the court and I waive my right to any statutory notice related to that specific pleading. I request that the relief requested in that pleading be allowed".

Thanks for any help or info! I doubt I will be signing this, as I have no interest, but I am just wondering for myself and for the sake of my siblings if this means someone who signs this is responsible financially as well for my father.

-T

 

Too soon?

 

Sorry to hear this news. I am going to send you a message with a contact number. Hope I can help.

 

If your Dad has anything of value and wished to pass it to you or your siblings, ya'll might want to lawyer up.

I don't want to give inaccurate advice as I'm not versed in legal speak. Google some of the terms (multiple ways - adding "for alzheimer's patient" will likely get results from answers on dementia forums, as one example) that should give you an idea of what is actually being stated.

I don't know what a lawyer might charge just to read/explain the doc to you, but that is an option too.

Best wishes for you and your family. Alzheimer's/Dementia is a horrible disease.

 

Just had to deal with mentally disabled parents (bad fall) and the other had dementia.. damn hard I wish you and your family the best!! Be SURE all of the children are on same page!! Not a fan of lawyers but you’re gonna need one!

 

All of the above except maybe that @T-Rex266 are spot on..

Let us just say I have 1st hand experience with this my Dad's estate and even with both legal & medical P.O.A.'s in place there were hic-ups

Especially while he was still alive ...

Trust nothing unless it is writing and then have it read to you so you & yours understand every last piece ..

Good luck and try to enjoy every last minute with him... the rest can be done in your future BUT still be prepared..

 

I’m in the middle of my Mother’s probate right now. We are having issues with one sister in law. Fortunately, our doc’s are in order and I was put in charge, so I can deal with her disfunction.

With your description of your step mother, those words translate to danger Will Roger’s, danger. Appears she wants full control, and no need to post a bond to protect you from her. You need a lawyer pronto. Some states have a lawyer referral line. You can call for 30 minutes free. If that’s available, order your thoughts, write it all down, call and go over it. If there is no will, and the worst happens, check your states intestate laws. Also check and see if they have presumptive share verbiage in their laws.

At minimum you need advice from an estate atty, free or paid for.

 

Most employers offer legal services options in their benefits package. If you happened to enroll in one of these group benefit plans (super cheap, something like $7 or $10 a check) you can call the 800 number up and get a free consultation with an attorney specializing in these things.

 

That was my first thought too. I also had to deal with the evil second wife of my father, but Dad didn't have anything worth fighting for. I guess I could have spent months and thousands of dollars to get hundreds back out of spite, but it wasn't worth it to me. I know people who will fight to the end of time over a penny based on principle, but I'm not one of those people. The ROI has to be worth the PITA for me. lol.

Even then, I did spend a few bucks on a consultation to make sure I understood the requests and covered my donkey when dealing with her lawyers before signing off on anything related to his estate. One thing I've learned in life from personal experience and observation of those close to me; never trust anyone, especially family, when dealing with an estate! That's sad, but too often true.

 

Thank you everyone for the input, I appreciate it. I honestly don't care about the estate part of it or inheriting anything, it's more what is this form and what is my wicked stepmother trying to pull!

I was able to get some attorney help, I totally forgot that I pay for the free legal help through work since I have never used it (thanks @texasrho83 ) and my brother has also contacted a cousin who is an attorney. So we should be good, I have no plans on signing anything, but just want to know what is up.

-T

 

After fighting 3 years on my mothers “uncontested” estate - best advice I can give is get a local attorney.

Rules vary so widely and even more importantly are subject to a judge’s interpretation. What seems “clear” to you may not be clear to the person who it doesn’t benefit - and they may contest any reading that doesn’t favor them.

Sorry - it sucks I know. In an ideal world - laws would be uniform and easily enforced - but as long as legal “scholars” can debate the rules and make $500+ an hour for those conversations- that won’t happen. Not all attorneys are bad of course - but the ambulance chasers aren’t the only sharks to watch out for.

Had a well respected small town guy tell me a case wasn’t worth pursuing - and was ready to let it go. Thankfully someone talked me into letting him try to get an offer before just walking away - we settled at low 6 figures on an admittedly difficult case. He took 40% - but I’d rather 60% of something than 100% of nothing. Of course my stupid ass sibling who wanted nothing to do with the case held up every step making sure she was getting “her share” of a case she did nothing for (I did all the legwork and gathered records and inquired with a few attorneys for mom) and in which she wasn’t injured (mom was injured injured in nursing home - ultimately passed before the case found it’s way to suit and became part of her estate which I’m administering. I just wanted to donate in on her behalf - but it can only speak to my share).