Ask the Expert: My Brother Received a Deed Processing Notice in the Mail- Is it Real or a Scam?
Published: Fri, 08/23/13
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Ask the Expert: Your Elder Law Questions Answered by Evan H. Farr, CELA |
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Ask the Expert: My Brother Received a Deed Processing Notice in the Mail. Is it Real or a Scam?
Q. My 65-year old brother, Sam, recently transferred his residence to a Living Trust PlusTM. Last week, he received a "Deed Processing Notice" in the mail that looks a lot like a bill from the U.S. government. There was a date on it for a couple of weeks from now by which they are requiring himand his wife, Edna, to pay $83 for a copy of their deed and a "Property Profile." He asked me what I thought and I told him I had never heard of this before. When I looked at the notice, it seemed to have the parcel number for his property (not sure if it is the right one), but there are statements that it is not a bill but a solicitation and that he can obtain a copy of his deed from the recorder in his county for "up to $83.00." He lives in Fairfax County, VA. Is this something he should pay attention to or is it a scam? I want to make sure that Sam and Edna are not missing something that is required of them. I also want to make sure they don't get duped.
In addition, Sam was raving about The Living Trust Plus. Is there a way I can find out more about it for my family? The company, Deed Retrieval Department (which also does business as Deed Retrieval Services and Record Retrieval Department), has been sending homeowners letters that appear to be a bill for $83 from the U.S. government for a property deed. However, despite the fact that it looks official, it's not a bill nor is it from the U.S. government. The letter says, "Why do we believe you need a copy of your current Grant Deed Property Profile? State Record Regulation Department recommends that all U.S. homeowners obtain a copy of their current Grant Deed." At the bottom, the letter states that the "product or service is not endorsed by any government agency." However, the Better Business Bureau (BBB) believes that consumers may overlook this fine print. Letters list an address, but when research was done, it was actually found to be a UPS Store.
"In most cases, homeowners don't even need a copy of the deed to their home," said BBB President and CEO Dana Badgerow. "And if you want a copy, we advise against paying $83 to this firm or any other when you can get one for a fraction of that price from your local County Clerk's or Register of Deed's office."
Your deed is recorded in the Land Records Division of the Circuit Court, and will be returned to our firm once it has been processed by the Court. Once we get back the original recorded deed, we will mail you the original and we will keep a copy. If you misplace that original, you can always request a copy of your deed directly from your local Land Records office for just a few dollars, or from our office for free. Any company charging you should be questioned, especially if you did not reach out to this company but received unsolicited mail from them.
A quick search online shows that other states are also warning folks of these letters that make it sound like you need to buy a
copy of the deed to your house.
If you have doubts about mail you receive asking you for money for something you didn't request, think twice and ask someone else what they think. Consumers who receive questionable offers or have concerns about mailings that appear to be official or have governmental ties, are encouraged to contact the BBB at 1-800-646-6222, or to bring it to their local police station. In your question, you also inquired about The
Living Trust PlusTM . The
Living Trust PlusTM is an irrevocable asset protection trust that you create while you are living, that allows you to receive all income from the trust assets, including the right to live in any trust-owned real estate, but you can not have direct access to principal.
The
Living Trust PlusTM functions very similarly to a revocable living trust and maintains much of the flexibility of a revocable living trust, but protects your assets from the expenses and difficulties of probate PLUS the expenses of long-term care while you're alive, PLUS lawsuits and a multitude of other financial risks during your lifetime. Living Trust PlusTM Asset Protection Trust protects your assets from lawsuits, auto accidents, creditor attacks, medical expenses, and -- most importantly for the 99% of Americans who are not among the ultra-wealthy -- from the catastrophic expenses often incurred in connection with nursing home care. For most Americans, the
Living Trust PlusTM is the preferable form of asset protection trust because, for purposes of Medicaid eligibility, this type of trust is the only type of self-settled asset protection trust that allows a settlor to retain an interest in the trust while also protecting the assets from being counted by state Medicaid agencies.
I encourage you to read more about The
Living Trust PlusTM on The Fairfax Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. website or at http://www.livingtrustplus.com. You are also welcome to attend one of our no-cost monthly seminars. Please call us at 703-691-1888 to make an appointment for a complimentary consultation. ------
  Dear Saki and Alley,
I come to you because you are sister and brother and although you seem to get along great, you probably understand that there are times when siblings don't always get along. My brother, sister, and I don't see eye to eye on issues regarding our aging parents, including caregiving expenses, living arrangements, mom and dad's safety and other important issues. They live so far away that their presence is minimal, and they seem to lack the interest or money to contribute to mom and dad's care. When they do weigh in, they often disagree with me. How can we make this work and make decisions together about our parents? I've heard about mediation, but I'm not sure my siblings would agree, and even if they would agree I would have no idea how to find a mediator.
Thanks!
Annie Dami-Deatore Thanks for reaching out to us. We don't always get along. Sometimes I want to hang out atop Dean Anderson's desk, and Alley is there. Sometimes, I want a certain cat treat and Saki gets to it first. For the most part, we get along, and hope we can help answer your question!
Mediators, including those who specialize in elder care, are professionals that help families make decisions in the parents' best interest, while trying to replace conflict and hurtful behavior with reason and preserve sibling relationships. Finding a collaborative professional who specializes in elder law is easy - one way is to go to http://www.mediate.com and click "Search Professionals." Select the type of collaborative professional you want and then, under "Select Type of Matter," choose "Elder." You can also visit eldercaremediators.com and the National Association for Community Mediation for more information and recommendations.
Do you want to try other options before calling a mediator? The primary goal of most parents is that their children don't fight. You'll want to make parents proud and honor those wishes. Below are some other strategies to ponder that may work for you and your family:
We hope that this is helpful. For more tips and details read our blog post "Talking with Estranged Siblings about Planning for Parents".
If you're done with mediation, or if you're a family where all the siblings already get along, please call The Fairfax Elder Law Firm of Evan H. Farr, P.C. at 703-691-1888 to make an appointment for a no-cost consultation. Purrs,
Saki and Alley
About Saki and Alley: Saki and Alley are nine year old Siamese cats that belong to Jeannie and Evan Farr and live here at the Farr Law Firm. They are very sweet and smart and love all the attention they get from staff and friendly clients at the firm. We encourage you to visit us and meet these extraordinary Siamese cats! |
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