A family home is a valuable asset for anyone, but particularly for low-income people.
The passing of that home from one generation to the next can be challenging if there is no will in place at the time of the owner’s death.
Attorney John “Jack” Gaillard volunteered his services for a probate matter that involved a woman living on disability and food stamps in the home her mother owned when her mother passed away.
Gaillard was able to probate the property, getting the home in his client’s name.
The result ensured that his client would be able to remain there and enjoy the stability and ownership of the family home – a clear reason to be thankful.
Gaillard describes the effort:
What were the facts of your case?
My client’s mother died intestate, making her two daughters heirs in law of her homestead. The client’s sister wanted to transfer her interest in the homestead to my client.
What were you able to accomplish for your client?
My first effort was to have the other sibling deed her interest in the homestead to my client, inasmuch as they had become owners of it by operation of law.
However, the county recording clerk refused to record the deed when my client presented it.
Rather than joust the clerk, I opened administration of the estate for the purpose of obtaining an order determining homestead status.
When I obtained the order and attempted to close administration, the probate clerk informed me the case was not ready for closing. A letter to the clerk’s office reversed that position, the case was closed and the original deed was accepted by the recording clerk.
Why was this outcome important to your client?
The sisters agreed it was important for their respective interests that my client gain sole ownership.
Why was the experience important to you?
This was yet another proof of the “if you don’t succeed by one route, try another” strategy of law practice.
What is the name of your firm? In what areas do you practice?
John F. Gaillard, Attorney at Law. My practice is wills, trusts, estates, copyright and landlord/tenant.
What advice do you have for other attorneys considering pro bono involvement?
You’ll likely receive more from it than will your client.
There is no question that Gaillard’s advocacy provided his client with housing security, which is clearly an outcome that matters and positively impacts the community positively.
Sincere appreciation is extended to Gaillard and the hundreds of attorneys who volunteer their time and legal expertise for the benefit of clients who cannot afford representation.
For information about pro bono opportunities in the 4th Judicial Circuit, contact [email protected].