Legal Question in Elder Law in Massachusetts

I had a lawyer prepare a life estate deed.

I found a simple error in my daughter's first name.

For over a year, I have been calling his office to correct this. The attorney said he would correct it.

I call every couple of month and his secretary keeps giving me different excuses why it hasn't been corrected yet and sometimes she says it has been corrected. She tells me she forgot, didn't have time,just got back from vacation, it's in the mail, sent it to the title examiner. The last time she said I would get it in a week.

I told her to let me know if there is a charge a couple of times.


Asked on 10/22/10, 3:25 pm

1 Answer from Attorneys

I do not understand why the attorney has not prepared an Affidavit of Scribner's error or a Confirming corrective deed.

All he has to do is prepare an Affidavit of Scribner's error as to your daughter's name and file it. The filing cost is $75.00.

If he is not sure if that is sufficient, he should draft a confirming deed in which he states the prior deed mis-spelled your daughter's name.

No one else can prepare an Affidavit of Scribner's error and sign it. If you like I can prepare a confirming deed but all things being equal it would be better if your first attorney prepared an Affidavit of Scribner's error and filed it.

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Answered on 10/27/10, 3:45 pm


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