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XO, help me figure out a case.
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Date: May 21st, 2024 9:49 PM Author: opaque clown mad-dog skullcap In the middle of jury trial. Client is a poor, beleaguered redneck whose mom made her preacher her power of attorney. Mom then signed over the family farm herself to preacher. A few years later, mom was unable to qualify for Medicaid because of the deed for no consideration to the preacher. So, the preacher and another relative who was also power of attorney did a sort of deed jiu jitsu. Preacher re-conveyed the farm to mom, then had the other power of attorney sign a deed for mom giving him a remainder interest in the farm, for little to no consideration. This enabled Mom to qualify for Medicaid, and preacher put her in a nursing home. Mom died shortly thereafter and preacher resumed being the sole owner of the farm. We're trying to get the deed declared invalid because of a variety of technical problems with how deed and power of attorney were executed, and get a judgment that my client is the true owner of the property.
Here is what I'm pondering tonight. Why did the preacher do the second set of deeds? He already had ownership of the property. Why not just let the mom die? Why endanger his ownership to get her onto Medicaid and into a nursing home? Was it some shred of human decency, or is there some level to the scam that I'm missing? |
Date: May 21st, 2024 9:51 PM Author: Out-of-control ruby deer antler He probably meant the best and lawyers are making it all complicated (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47681938) |
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Date: May 21st, 2024 10:27 PM Author: motley zombie-like abode If he meant the best he would have transferred some interest back to statutory heirs. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682110) |
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Date: May 21st, 2024 9:58 PM Author: opaque clown mad-dog skullcap (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47681979) |
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Date: May 21st, 2024 10:04 PM Author: Hairraiser Regret Its constructive fraud. This is an easy question. The POA can't gift himself the remainder interest. You can win on MSJ. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682002) |
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Date: May 21st, 2024 10:13 PM Author: opaque clown mad-dog skullcap At the MSJ hearing, the judge said it should go to trial. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682055) |
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Date: May 21st, 2024 10:24 PM Author: Territorial Background Story Meetinghouse What is the question of fact for the jury to decide? (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682102) |
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Date: May 21st, 2024 10:22 PM Author: motley zombie-like abode He can do that.
Preacher would have been aware of undue influence doctrine. That’s not a complicated concept and there are probably theology course materials on it. And he knew he was vulnerable to attack in that regard which would be embarrassing to him at the least.
In order to make a better case for the appropriateness of the initial transfer he opted to do the second transfer, to “demonstrate” in an unsophisticated fashion that he had the mother’s best interest at heart.
Don’t know where that leaves you now and would have to work it up to know. But that’s my best guest as to motivation at least. There’s country dumb and there’s country sly as a fox. |
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Date: May 21st, 2024 10:38 PM Author: opaque clown mad-dog skullcap Agree with your last sentence for sure. So you think this was basically trying to cover his track and make everything look more legitimate? The other thing that occurred to me is that the preacher only moves into the property after the mom went to the nursing home. So maybe he needed to get her out of there so he could have a place to live. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682149) |
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Date: May 21st, 2024 10:11 PM Author: Hairraiser Regret How did you plead the case? You shouldn't have a jury. It is an equity case. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682042) |
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Date: May 21st, 2024 10:13 PM Author: opaque clown mad-dog skullcap As a quiet title case. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682054) |
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Date: May 21st, 2024 10:16 PM Author: Hairraiser Regret Trespass to try title or a normal equitable quiet title case? (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682070) |
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Date: May 21st, 2024 10:18 PM Author: Hairraiser Regret Just get all the evidence in and if you lose appeal and you should win there if you don't fuck it up. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682084) |
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Date: May 21st, 2024 10:44 PM Author: talented burgundy coffee pot shrine These are questions even Candy Ride would have posted on XO BEFORE the jury trial started. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682171) |
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Date: May 21st, 2024 10:45 PM Author: bossy curious national (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682175) |
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Date: May 21st, 2024 10:46 PM Author: Concupiscible brunch Is it normal for litigators to try to "figure out" the case during the middle of a jury trial? (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682176) |
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Date: May 21st, 2024 10:46 PM Author: opaque clown mad-dog skullcap Been working on this one for a long time. Just had a question occur to me this evening. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682178) |
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Date: May 21st, 2024 11:06 PM Author: bossy curious national Call your carrier. Send a PDF of this thread when you do. (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682218) |
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Date: May 22nd, 2024 6:36 AM Author: opaque clown mad-dog skullcap (http://www.autoadmit.com/thread.php?thread_id=5531282&forum_id=2#47682500) |
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Date: May 22nd, 2024 6:43 AM Author: Cream market generalized bond He returned the gift to eliminate the Medicaid penalty period.
In your question why he cared enough to do that? For one, the lifetime gift is presumptively void because of the confidential relationship, so someone (the state?) could have sued and forced him to return it. The life estate deed is not going to be presumptively void and if it is a life estate with retained power of sale, probably will not cause Medicaid ineligibility. |