It Takes a Beatin' and Keeps on Needin'

I would really like to stop beating this dead horse. Put down my cudgel, start CPR, run an IV of D5W, insert a nasogastric tube, fatten up that equine former-corpse, give him some quality physical rehabilitation, turn him out into the paddock to frolic like the colt he once was, and set him free to run like the wind in wide open spaces. But Hick keeps thwarting my dream.

Let the record show that Hick has lost his dang mind!

He went over the paperwork for the trust he's had a lawyer draw up, regarding the transfer of Hick House to HOS (Hick's Oldest Son). The original deed is in the name of This Guy's Wife. Hick was in no hurry to transfer the deed into his name. We paid the $5000 in cash, as requested. A week or so later, when Hick got around to thinking about the deed, This Guy had his back surgery, and This Guy's Wife tripped while visiting him in the hospital, and had emergency hip surgery. With them both laid up for a while, we didn't press for the deed.

Hick obtained the deed a few weeks later. He did not pursue the necessary paperwork to file the transfer at the county courthouse, waiting for This Guy's Wife to recuperate a bit before signing over the house to Hick.

Then Hick decided that he might as well bypass that step, and have Hick House deeded directly to HOS. It made sense to me at the time. Then Hick hired the lawyer to draw up the papers for the trust (in HOS's kids names, which seemed to be the best option, all agreed to by HOS and Hick and me).

Tuesday evening, Hick went over the paperwork, at the lawyer's request, before he finalizes the trust. Here is where Hick and I entered the Who's On First vortex.

Hick mentioned that HOS is the executor of the trust. When the youngest child (now less than a year old) reaches the age of majority, all four kids own Hick House. If anything happens to HOS in the meantime, the executorship reverts to Hick, with the kids still retaining ownership. If Hick kicks the bucket before HOS, then something happens to HOS... executorship falls to the oldest of the four children, who is even now over the age of 18. In the event of divorce, the house is not an asset to be divided. It belongs to the kids. They will always have a house to live in while growing up. This way, Hick House is untouchable. Can't be borrowed against, can't be taken in a lawsuit, and gets passed on to the kids without going through probate if anything happens to HOS. HOS wanted it this way, and is confident that his kids won't put him out in the street when they're adults and he's in his dotage.

Sounds simple, right? Except that Hick STILL hasn't done anything with the deed, other than give a copy of it to the lawyer. Technically, This Guy's Wife owns Hick House, and will sign a quitclaims deed at the courthouse, transferring it to HOS. Hick will have the trust papers recorded at the courthouse, so there will always be a record of it in case the paperwork is lost. Hick is listed in the trust as the person who had the trust drawn up.

REEEEEE! Here's where I have a problem.

How can Hick bequeath a house to HOS's kids if Hick has never legally owned the house? What keeps any random Tom, Dick, or Harry from drawing up a trust on any other random Tom, Dick, or Harry's property? Purportedly GIVING it to them, even though he has never owned it? There's probably some legal mumbo-jumbo that I'm missing, and my worry is for naught. But just in case...

I told Hick he needs to ask the lawyer about that before the papers enter their final form on Friday. In the very least, I think This Guy's Wife should sign to quitclaims deed over to Hick. Who will immediately sign another quitclaims deed over to HOS via the kids' trust. Easy peasy. Takes another five minutes, but there will be a record showing the transfer of the property.

Hick says, "Another quitclaims deed will cost another $20 filing fee!"

Seriously? A $5000 house isn't worth an extra $20?
But that's just Val: a bigger nag than the beaten horse.