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lktknow · 11-08-2007, 10:21 AM

Thank you willtravel for the offer of feedback, it is appreciated.
the jazz is right when they said it should be addressed to a real attorney in the real world, but it's more or less a done deal, so, it's a case of crying over spilled milk.
Not much can be done about it now, other than reflect on what could have been. or at least that's the way I see it.
To prove malpractice would be virtually impossible, I think. I could sure do a lot of screaming about unethical though.

Here's the deal. Beneficiary lived with the person who had the Irrevocable trust for ten years, as man and wife, commingled funds and all. They had all intention of getting married legally but just kept putting it off. Lack of time to go to the registry office, worked 7 days a week, and so on. Beneficiary and the person did go to the lawyer and have the stipulations as to what the beneficiary would get upon the persons demise put into the irrevocable trust.
The person got sick to the point of having to be hospitalized. All the person wanted to do was come home, he knew he was dying. They kept transferring him to different hospitals with the intentions of getting him stronger to undergo chemotherapy. Never asking him what he wanted. Beneficiary had no say in the matter, as was only girlfriend, according to the legalities of it. Person would beg beneficiary when visited, to find a way to just let him come home. The executor (his daughter) was blocking his coming home. Doctors said man could come home with a nurse 24 hours, but said there was risk involved. Daughter would not even talk about letting him come home. Plus she never came to see him, and he was very upset about that. Extremely upset. He kept asking the beneficiary to find some way for him to be able to come home and die in his own home. Daughter put him in nursing home. Beneficiary had a marriage performed by a legal minister at the nursing home, with the man readily agreeing to it. Within two days man was home with nurse 24/7, and satisfied that he was going to be able to die in his own home, and not a nursing home with people he didn't even know. Person died three months after being home.
The Irrevocable Trust:
The provisions for the beneficiary in the trust were clearly stated. Beneficiary had no problem with the provisions, and felt it was fair, and was satisfied with the provisions as they were.
The lawyer and the daughter had went to the nursing home to get the man to sign a amendment to the trust in which there was a clause stating "if beneficiary and I are married on the day of my death."., and it changed the provisions as to what the beneficiary would receive. Man refused to sign it.
Beneficiary also had a copy of the original irrevocable trust. Plus was sent a copy of the amendment, which was not signed.
Executor and daughter set about putting the amendment into affect, even though it was not signed. With complete disregard to the original trust.
Beneficiary decided it was time to retain a lawyer of their own.
One of the most prestigious law offices in town, with there being a total of 6 lawyers on staff. Initial meeting was with the highest up in the law firm. Beneficiary explained the facts as to what was going on, telling him the daughter and her lawyer were going by the amendment to the trust, which was never signed by the man.
The lawyer said he knew the other lawyer, and golfed with him, and was friends, and had a hard time understanding why the other lawyer would do something so blatantly unethical. Lawyer told beneficiary they qualified for what is known as "the omitted spouse" because beneficiary was not actually mentioned in the original trust. And it had changed because the man and beneficiary were now married. Lawyer said it mattered not if the marriage was 20 minutes or 20 years as long as it was legal, which they found out it was totally legal.
Lawyer told beneficiary that as an omitted spouse, she was entitled to half of estate. Estate was valued at approximately 15 million
I will write more this evening. this is already a lot to digest, and I appreciate the time you give to it..

11-08-2007, 10:21 AM	#7 (permalink)
lktknow Insane Location: here&there	the facts Thank you willtravel for the offer of feedback, it is appreciated. the jazz is right when they said it should be addressed to a real attorney in the real world, but it's more or less a done deal, so, it's a case of crying over spilled milk. Not much can be done about it now, other than reflect on what could have been. or at least that's the way I see it. To prove malpractice would be virtually impossible, I think. I could sure do a lot of screaming about unethical though. Here's the deal. Beneficiary lived with the person who had the Irrevocable trust for ten years, as man and wife, commingled funds and all. They had all intention of getting married legally but just kept putting it off. Lack of time to go to the registry office, worked 7 days a week, and so on. Beneficiary and the person did go to the lawyer and have the stipulations as to what the beneficiary would get upon the persons demise put into the irrevocable trust. The person got sick to the point of having to be hospitalized. All the person wanted to do was come home, he knew he was dying. They kept transferring him to different hospitals with the intentions of getting him stronger to undergo chemotherapy. Never asking him what he wanted. Beneficiary had no say in the matter, as was only girlfriend, according to the legalities of it. Person would beg beneficiary when visited, to find a way to just let him come home. The executor (his daughter) was blocking his coming home. Doctors said man could come home with a nurse 24 hours, but said there was risk involved. Daughter would not even talk about letting him come home. Plus she never came to see him, and he was very upset about that. Extremely upset. He kept asking the beneficiary to find some way for him to be able to come home and die in his own home. Daughter put him in nursing home. Beneficiary had a marriage performed by a legal minister at the nursing home, with the man readily agreeing to it. Within two days man was home with nurse 24/7, and satisfied that he was going to be able to die in his own home, and not a nursing home with people he didn't even know. Person died three months after being home. The Irrevocable Trust: The provisions for the beneficiary in the trust were clearly stated. Beneficiary had no problem with the provisions, and felt it was fair, and was satisfied with the provisions as they were. The lawyer and the daughter had went to the nursing home to get the man to sign a amendment to the trust in which there was a clause stating "if beneficiary and I are married on the day of my death."., and it changed the provisions as to what the beneficiary would receive. Man refused to sign it. Beneficiary also had a copy of the original irrevocable trust. Plus was sent a copy of the amendment, which was not signed. Executor and daughter set about putting the amendment into affect, even though it was not signed. With complete disregard to the original trust. Beneficiary decided it was time to retain a lawyer of their own. One of the most prestigious law offices in town, with there being a total of 6 lawyers on staff. Initial meeting was with the highest up in the law firm. Beneficiary explained the facts as to what was going on, telling him the daughter and her lawyer were going by the amendment to the trust, which was never signed by the man. The lawyer said he knew the other lawyer, and golfed with him, and was friends, and had a hard time understanding why the other lawyer would do something so blatantly unethical. Lawyer told beneficiary they qualified for what is known as "the omitted spouse" because beneficiary was not actually mentioned in the original trust. And it had changed because the man and beneficiary were now married. Lawyer said it mattered not if the marriage was 20 minutes or 20 years as long as it was legal, which they found out it was totally legal. Lawyer told beneficiary that as an omitted spouse, she was entitled to half of estate. Estate was valued at approximately 15 million I will write more this evening. this is already a lot to digest, and I appreciate the time you give to it..