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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.
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My step dad passed first & we're told his two adult children may contest my inheritance of money/property remaining when she passes. Will a living trust prevent them from taking anything? (my step dad didn't list them in his will)?
I have POA for my mother . She has dementia. She also has a paper that says she has a Trust but no list of what the trust is. The will is old and made out when her husband (stepfather ) was still alive prior to these newer , yet outdated papers. Nothing is specified for medical directive. She has disowned one child in the newer papers. She seems to be able to logically make decisions but she forgets. She never remembers what she had to eat at previous meal every time I visit. She thinks every day is Sunday. Can she legally sign new more explicit papers if drawn up. She is in assisted living and would not be there if she wasn't able to function to certain degree. She would like to go home but I cant let her, she wasnt paying her bills . Forgetting to mail them. Maybe even forgetting to take her medications. Might forget to turn the stove off and create a fire. House is paid for no payments . I wish i could move her in with me and help me but that would be taking advantage. I would not want to live in her home but I suppose it is an option. I do have other siblings but the only local one is disowned in her last will and testament. What money she has should she pass might hurt myself and another sibling retired and using medicaid. She has no memory of what the trust was. Her house and car and money are not mentioned in her will only some family heir loom objects. If she could live with me is it theft if she helps me with my house payment to make my life easier. I do not want to be unfair or steal her money.
As the first commenter said, you should see an elder law attorney if you think the estate will be contested. Also, keep in mind a will only gives instructions to the probate court. It doesn't avoid probate. Most people do want to avoid probate, so you may want to look to a living trust as a way to do that.
The Will should be explicit enough, if drafted by a competent attorney, to designate what assets go to which heirs. The method by which a Trust could prevent any contest could be to leave them something nominally, and add an "in terrorem" clause which provides that any heir contesting his/her bequest loses whatever inheritance has been designated in the Trust and (pour-over) Will.
A trust can also provide that nothing is left to them.
I would recommend you see an Elder Law attorney to see what legal documents would be necessary.
I assumed your Mom inherited everything from her husband [your step-dad], or did your step-dad give his two children from his estate? If not, then I could understand why his children might be concerned of being left out. You would feel the same way if it was your Mom who passed first and your step-dad inherited all of her estate.
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.
Last sentence should read "...left to them, as could a Codicil to a Will."
A trust can also provide that nothing is left to them.
I assumed your Mom inherited everything from her husband [your step-dad], or did your step-dad give his two children from his estate? If not, then I could understand why his children might be concerned of being left out. You would feel the same way if it was your Mom who passed first and your step-dad inherited all of her estate.