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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.
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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I just had her give me $500 and signed over my share. I got tired of fighting. I was due $10,000 but I was the only sibling fighting for anyting, so I relented. I am living a lot lighter now that drama is done. Yes, I got the short end of the stick, but I wanted peace.
So dad died, but mom is still alive & Sissy in TX is co-ordinating all, correct?
If there was no will, then TX it's consider intestate death and all property & assets escheat to the state. Family then needs to file an Affadavit of Heirship in which all heirs are listed. An TX attorney needs to do this and does a posting in each county where assets are. The document will detail all marriage, divorce and children from those too (and if anyone died, that too). Then the asset can transfer title to the heirs. It can be done as a muniment of title if there is only the house & maybe a car & no debt from the deceased estate. Usually all heirs are equal unless they each sign off their share to another. What exactly did you all do?
BTW tax statement for January, 2015 payment has already gone out, so whatever is needed to be paid to tax assessor stands as is. And needs to be paid. You all can go back and file and appeal once paperwork is cleared but you have to pay the amount on the bill. TX tax assessors have no sense of humor or want to hear your family drama either. Your mom probably can qualify for the low income & elderly quarterly payment plan if you want to do it that way. But the first payment must be paid in January to avoid penalties or tax sale issues.
Your sister may find out that she may have more taxes--the IRS may hit her for gift taxes and it's possible that she won't get the base value step-up so when she sells she will have a major capital gain.
I just re-read your question and realize I had misunderstood. It is your sister who moved into the home. Is your mother still alive? Whose name is on the deed? I apologize for the oversight. That it is your sister and not your mother makes a world of difference.
Oh, that makes sense. Chances are you signed the affidavit so that the property could be recognized as passing to your mother. Is that correct? This happens when someone dies without a will. Potential heirs will sign affidavits that either claim a portion of the property, or more commonly direct their interest in the property to the next of kin (spouse). This is the easiest way to do it when it comes to insurance and taxes, because a simple warranty deed can be written. If that is what happened, it is okay, but you will want to check your mother's will to see what the fate of the property will be. And you will want to make sure your mother has a will. It makes it so difficult when there is no will. (What you just went through is a good example. If your father had willed the house to your mother, it would have been easier.)
I am thinking it is probably property taxes. People over 65 or who are disabled quality for partial or complete exemption from property taxes. Property taxes in TX are high, so being able to claim exemption can mean much money. The thing I would have asked to be clear is what will happen to the house when Mother passes. Is it written in the will to be given to all the children?
You probably signed a quit claim deed. If so, you have signed away any rights to the property. Unless you are under age or mentally incapacitated, I believe there is no backing out. The only taxes I can think of off hand, would be inheritance taxes? Maybe gift tax? Is your mother deceased? Who was the grantor?
There was no will nor intestacy process. The home was not put in trust. It did no got through probate process. She is trying to avoid Texas state taxes due to her age. So, since none of that happened then is my signature invalid? I will be back in Texas after the new year to consult an attorney or to have my sister pay me a share.
I wish you had consulted your own lawyer before you signed anything. This doesn't sound right.Never ,ever sign anything before you find out all the details for yourself.Since you said this is your sister's attorney that means he is working only for her, not your mom or for you.Contact legal aid,I know lawyers are expensive, but their might be a possibility that because you weren't fully informed the "signing" is invalid. Something just sounds very shady about this,please follow up on this for your mother's sake.
Did your father's estate go through the Intestacy process due to him dying without a will? If the house was not put in trust, you cannot sign over a title without it going through the probate process. What taxes is your sister trying to avoid paying; inheritance, property tax, capital gains tax? Signing off on a title means you do lose your rights. The lawyer seems a little shady to me.
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.
If there was no will, then TX it's consider intestate death and all property & assets escheat to the state. Family then needs to file an Affadavit of Heirship in which all heirs are listed. An TX attorney needs to do this and does a posting in each county where assets are. The document will detail all marriage, divorce and children from those too (and if anyone died, that too). Then the asset can transfer title to the heirs. It can be done as a muniment of title if there is only the house & maybe a car & no debt from the deceased estate. Usually all heirs are equal unless they each sign off their share to another. What exactly did you all do?
BTW tax statement for January, 2015 payment has already gone out, so whatever is needed to be paid to tax assessor stands as is. And needs to be paid. You all can go back and file and appeal once paperwork is cleared but you have to pay the amount on the bill. TX tax assessors have no sense of humor or want to hear your family drama either. Your mom probably can qualify for the low income & elderly quarterly payment plan if you want to do it that way. But the first payment must be paid in January to avoid penalties or tax sale issues.