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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 dad had already put down that the house was to be split three ways. I know she would not have done this to her/ us so he talked her into it. How do I prove that or is he allowed to do it?
Your father left instructions in his will that the house, which he lived in with your stepmother, was to be "split" three ways, divided between your stepmother, your stepbrother?, and you?
Was the house exclusively your father's property? Did your stepmother not already own half of it?
Your stepbrother has a duty to use his POA to safeguard your stepmother's best interests. If she needs residential care, he can use his POA to sell the house on her behalf and use the money to pay for her care. There is nothing wrong with his doing that. If she is applying for Medicaid (or he is, for her) he may have no option. It may not have been what your stepmother would have liked in an ideal world, but that doesn't mean she'd have had any alternative even if she'd stayed in charge of her own care decisions.
If your father's will left you a share of the house, you should be able to claim that share of the money when the house is sold.
If he left your stepmother a life interest in the property, with the remaining value to be divided between your stepbrother and you, it gets more complicated and you'd better take professional advice.
Are you actually talking to your stepbrother about what's happening, or have things got difficult?
You need to see how the Will reads. Was it split 3 ways? If 3 ways, what happened to her 3rd when she passes, does it revert back to u and brother? Or was it left to you and your brother with SM being allowed to live there till her death?
Has the deed been updated to show you 3 owning it?
When it all comes down, your brothers POA only covers your stepmother's interest. He cannot sell the house without you signing off as an owner. If he has it up for sale, I would contact the realtor and tell them that there is a 3rd party involved. Title company too. That way at time of sale, a check is given to you at time of sale from the realtor.
I hope your brother has the house at Market Value. It will have to sell at that price for Meticaid if she needs it. They get her 3rd.
If it has sold, you will need to sue him for your share. Like I said, reread the wording of the will.
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.
Was the house exclusively your father's property? Did your stepmother not already own half of it?
Your stepbrother has a duty to use his POA to safeguard your stepmother's best interests. If she needs residential care, he can use his POA to sell the house on her behalf and use the money to pay for her care. There is nothing wrong with his doing that. If she is applying for Medicaid (or he is, for her) he may have no option. It may not have been what your stepmother would have liked in an ideal world, but that doesn't mean she'd have had any alternative even if she'd stayed in charge of her own care decisions.
If your father's will left you a share of the house, you should be able to claim that share of the money when the house is sold.
If he left your stepmother a life interest in the property, with the remaining value to be divided between your stepbrother and you, it gets more complicated and you'd better take professional advice.
Are you actually talking to your stepbrother about what's happening, or have things got difficult?
Is he also her primary caregiver?
Has the deed been updated to show you 3 owning it?
When it all comes down, your brothers POA only covers your stepmother's interest. He cannot sell the house without you signing off as an owner. If he has it up for sale, I would contact the realtor and tell them that there is a 3rd party involved. Title company too. That way at time of sale, a check is given to you at time of sale from the realtor.
I hope your brother has the house at Market Value. It will have to sell at that price for Meticaid if she needs it. They get her 3rd.
If it has sold, you will need to sue him for your share. Like I said, reread the wording of the will.