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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid. We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour. APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
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V. Complaints. Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights. APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.I agree that: A.I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information"). B.APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink. C.APFM may send all communications to me electronically via e-mail or by access to an APFM web site. D.If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records. E.This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year. F.You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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Mostly Independent
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Are all your husband's assets titled jointly with you and your son? Is your husband alive, and if so, does he know where the Will is? If not, do you know the name of the attorney/law firm that prepared it?
Brrooklynborn, if you cannot find a Will nor the name of the Attorney who drew up that Will, then the County Probate Court Judge will decide who gets what. In some States, the wife will get everything. In other States the wife will get a certain percentage, and the children another percentage, unless the accounts and titles are held jointly.
I'd consult with an attorney. I'd ask about whether there needs to be probate, if all assets are titled jointly with right of survivorship and there is no Will. Some people can avoid probate, under certain circumstances. An Elder Law attorney should be able to guide you on it.
Its going to be interdependent on your states probate & property laws & really you need an atty to do correctly. Often If they die “intestate”, could be that without a valid will, all assets escheat to the state and you would have to show lineal heirship that your heir and get assets transferred. You’ll need an atty who does lineal.
I’d bet your co courthouse has FAQs & other info on its website as to how to proceed. If your really wanting to find an atty, ask around or drill down in records for probate court judges filings (their open records) and find the names of law firms that come up the most and schedule an apppt with a couple to find one that fits best for your situation. Please though be mindful of time as state may have a set period of time in which probate must be opened.
I went to see an elder care lawyer recently about a will and POA. It was kind of sad, and funny, because he told me that I really didn't have enough assets to need a will. My bank accounts, savings, retirement accounts and life insurance already had my children as beneficiaries and I hadn't paid off my house yet (had to rebuild after Hurricane Katrina), so I couldn't will them that. Oh well. Saved myself $1,000 dollars.
Treeartist, I hope you got a Power of Attorney, that in itself is very important.
My parents had everything in joint names, so if one passed, the other got all the assets. Their Elder Law Attorney also advised them to update their Will, update their Power of Attorney.
And do an Advanced Medical Directive or a Living Will which lets everyone know their wishes once they became ill on what medical measures they would want, and their final wishes regarding burial. I know the medical Power of Attorney can decide for you, but it makes life much easier if the POA has legal documents to use as a guide.
I am really surprised that the Attorney didn't give any recommendation regarding the house. Now a days houses are rarely paid off, yet said houses are placed in Wills so that the family knows who will get the house.
There is equity in the house that can be split if the house is sold, or if the children want to keep paying down the mortgage. Houses are an investment, the value hopefully will go up over the years. You don't want it to be "Mom/Dad said I could have the house" and another say "No, Mom/Dad said the house is mine". Something to think about.
You know, I asked him about the equity, and he said you couldn't will a home that you didn't own and that you can't will equity. He did offer to do the POA and said my doctor would provide the Living Will and Advanced Directive. He didn't charge for this advice.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Hope this all works out well for you.
I’d bet your co courthouse has FAQs & other info on its website as to how to proceed. If your really wanting to find an atty, ask around or drill down in records for probate court judges filings (their open records) and find the names of law firms that come up the most and schedule an apppt with a couple to find one that fits best for your situation. Please though be mindful of time as state may have a set period of time in which probate must be opened.
My parents had everything in joint names, so if one passed, the other got all the assets. Their Elder Law Attorney also advised them to update their Will, update their Power of Attorney.
And do an Advanced Medical Directive or a Living Will which lets everyone know their wishes once they became ill on what medical measures they would want, and their final wishes regarding burial. I know the medical Power of Attorney can decide for you, but it makes life much easier if the POA has legal documents to use as a guide.
I am really surprised that the Attorney didn't give any recommendation regarding the house. Now a days houses are rarely paid off, yet said houses are placed in Wills so that the family knows who will get the house.
There is equity in the house that can be split if the house is sold, or if the children want to keep paying down the mortgage. Houses are an investment, the value hopefully will go up over the years. You don't want it to be "Mom/Dad said I could have the house" and another say "No, Mom/Dad said the house is mine". Something to think about.