Legal Knowledge Needed

[Joz]

My sister in law was given power of attorney when my mother was in the early stages of Alzheimer's. We're in the process of selling her house to my ex hubby.
Closing was to be today but we were told the we need the origional document of the transaction. The lawyer said that my mother was given this. Why on earth would my mother get the origional being in the state of mind she was in? Why wouldn't the lawyer have it on file? Is there a chance that the origional would be with the Clerk of Courts?
If we cannot produce the origional document, then the property will go to Probate or the State, whichever. The money from this sale was to pay for her care at the nursing home she is in. All those years my father slaved....And I hate sounding like a greedy bitch but my brother nor I will ever see any of the inheritance.

 

[no1tovote4]

Which original document are they asking for? And who is your realtor? The Realtor would know which document it is they are asking for and where the document should be filed.

 

[Joz]

Which original document are they asking for? And who is your realtor? The Realtor would know which document it is they are asking for and where the document should be filed.

They want the origional document that was signed by my mother & witnessed, with the seal, (notary/lawyer) giving Cindy the legal right to mom's finances.

 

[no1tovote4]

They want the origional document that was signed by my mother & witnessed, with the seal, (notary/lawyer) giving Cindy the legal right to mom's finances.

Oh, they want the power of attorney!

Your mother wouldn't have the original document, either the attorney they used to file the power of attorney would have it on file or your sister should have the document, it depends on State and Local laws whether an original would also be filed with the County Clerk or Recorder.

In order to effect changes in the estate of such a scale it would be necessary to prove the legal right to it, copies will not do for such a trasaction.

I will see what I can find out about the laws in Ohio to see whether an original document is filed at the Clerk's office or if it is held in an outside office like a Title document.

 

[manu1959]

They want the origional document that was signed by my mother & witnessed, with the seal, (notary/lawyer) giving Cindy the legal right to mom's finances.

those documents are signed in triplicate

the attorney should have a copy
your mother should have a copy in a safe depsoit box
cindy should have a copy in a safe deposit box

 

[Joz]

Cindy has a copy of the document. We were told that isn't good enough. Only the origional will do. This transaction took place in September 2002. It has been in none of the papers we've been going thru. Mom's safe did not have it in it. We have a copy of her living will and the lawyer has her other will.

 

[remie]

Cindy has a copy of the document. We were told that isn't good enough. Only the origional will do. This transaction took place in September 2002. It has been in none of the papers we've been going thru. Mom's safe did not have it in it. We have a copy of her living will and the lawyer has her other will.

Im having a hard time buying that. Cindys copy should be notorized, if so its as good as the original.

 

[Joz]

Im having a hard time buying that. Cindys copy should be notorized, if so its as good as the original.

We were told by an outside party that this is a common & frequent request. How about I give you the name of the loan company?

Get this, The first visit to the lawyer was in August & mom said then, after the papers were drawn up, that she wanted to think about all this. When she & Cindy went back to the lawyer in Sept, the lawyer, instead of drawing up new papers, just crossed out the old date and put in the new. This copy, that Cindy has been using, is void and not legal in the slightest.
Sounds to me like we need a piece of lawyer ass.

 

[jimnyc]

Not that I am in the business of generating visitors for other sites but you may want to go check this one out. It's free and manned by many lawyers who can assist.

http://forum.freeadvice.com

 

[Joz]

Not that I am in the business of generating visitors for other sites but you may want to go check this one out.

I know that. And I truly appreciate your help.

 

[Joz]

It just keeps getting better & better.
In the search for this aforementioned document, we have discovered that mom drew up another, or at least added, to the existing will she had. Not thru her attorney but thru another source. It is legal since it was witnessed, signed, notorized, whatever. And, of course, we will learn of it's contents upon her demise.

 

[Merlin]

Sorry I can't answer your question, but I gave my wife power of attorney and she got the original copy. It was filed in the county courthouse though. Also, the attorney told us that power of attorney expired at moment of death and the will (or lack of a will) law kicks in and the power of attorney meant nothing after death and was null and void.

 

[Joz]

Apparently when mom added to her will, she must have shown this man the useless document she possessed. He/they drew up a new one, maybe at her request, and has been kept with the will.
The loan company accepted the document, the house is sold. The money has been invested to generate money for her care.
I still say the laywer is at fault here.

I am aware that upon her death the power of attorney is void. Unless she changed it, I was named executrix of her will.