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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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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.
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Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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As stated, there is not enough information, but this is based on a couple of guesses. Your father perhaps did not leave the house to you, he left it to his wife in the expectation that she would leave it to you. You need to know that she doesn't have to do that. If she is competent, she can leave it to whoever she wants. You say your mother has dementia, and if so she is probably not competent now to make a new will. You need to make sure that someone appropriate (doctor, lawyer etc) has put in writing a statement that she is no longer legally competent and no new will be valid. You then need to find out what will was made while she was still competent, because that is what will take effect when she dies. If 'taking the property' means giving it to the other sibling now, rather than leaving it in a will, the statement that she is no longer competent needs to cover her lack of competence to make valuable gifts. It would be a good idea to get the lawyer to put a lien on the title of the house, so that it cannot get transferred without you knowing anything about it. It might be a good idea to get back to the lawyer who dealt with your father's estate, who is likely to have some background knowledge.
If dad left a valid will, then his estate is done as per terms of the will.
If no will, then he’s considered to have died intestate. Heirs then have to be determined. His surviving spouse or her dpoa or guardian would need to file for “standing” as an heir just as you would as his child - I’d bet/hope there is some sort of priority for surviving spouse in standing order, but you need to speak with probate atty as to this. All his kids can file to be lineal heirs with their own standing.
if your excluded from his will or he died intestate & there’s 1st marriage lineal heirs who are not kumbaya with your mom or you, imo you need a probate atty who does litigation to represent your interests. Its subspecialty within probate attorneys and lots lots more costly.
Could you possibly state your question in a clearer manner. It seems as though there are a few issues going on here but it is a little difficult to decipher what you are mainly asking?
I am getting that you will get the family home when Mom dies. It was left to you in his will? You have older siblings that were grown by the time you came along and never lived in the house. Thet r not talking to u.
How was the will written. Dad left it to Mom to live in but goes to you upon her death? Then there should be no problem right?
We really need more info to give you a good answer.
You say "your" father. Are these you Moms kids by a first marriage, half siblings? Was Mom ever on the deed? If you r his child and his will says the house is yours upon ur Moms passing, then they have no leg to stand on. You are his child, not them.
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.
You say your mother has dementia, and if so she is probably not competent now to make a new will. You need to make sure that someone appropriate (doctor, lawyer etc) has put in writing a statement that she is no longer legally competent and no new will be valid. You then need to find out what will was made while she was still competent, because that is what will take effect when she dies. If 'taking the property' means giving it to the other sibling now, rather than leaving it in a will, the statement that she is no longer competent needs to cover her lack of competence to make valuable gifts. It would be a good idea to get the lawyer to put a lien on the title of the house, so that it cannot get transferred without you knowing anything about it. It might be a good idea to get back to the lawyer who dealt with your father's estate, who is likely to have some background knowledge.
If no will, then he’s considered to have died intestate.
Heirs then have to be determined. His surviving spouse or her dpoa or guardian would need to file for “standing” as an heir just as you would as his child - I’d bet/hope there is some sort of priority for surviving spouse in standing order, but you need to speak with probate atty as to this. All his kids can file to be lineal heirs with their own standing.
if your excluded from his will or he died intestate & there’s 1st marriage lineal heirs who are not kumbaya with your mom or you, imo you need a probate atty who does litigation to represent your interests. Its subspecialty within probate attorneys and lots lots more costly.
How was the will written. Dad left it to Mom to live in but goes to you upon her death? Then there should be no problem right?
You say "your" father. Are these you Moms kids by a first marriage, half siblings? Was Mom ever on the deed? If you r his child and his will says the house is yours upon ur Moms passing, then they have no leg to stand on. You are his child, not them.