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Who are you caring for?
Which best describes their mobility?
How well are they maintaining their hygiene?
How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
Which best describes your loved one's social life?
Acknowledgment of Disclosures and Authorization
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.
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Mostly Independent
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.
Remember, this assessment is not a substitute for professional advice.
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Assuming everything transferred to your father on your mother's death, it doesn't seem as though there are any assets at all to probate. Sounds like they planned very well!
I don't know about your state but here in Oregon - no probate. My dad had my mother as beneficiary on everything - and vise versa. Mom and dads attorney told me no probate needed. It was a matter of sending death certificates and filling out new account papers for mom. We did have one problem with an account that was called "tennents in common" that did not allow "survivorship" and since mom and dad owned it jointly they did not list beneficiaries because they didn't understand how that type of account works. We ended up having to use the attorney for that one and file in court. Since all the other accounts had already been transferred we filed a "small estate" claim and it worked out. Overall it was pretty simple if it weren't for that account and one IRA - which was difficult more because the broker was an ass - things would have been completed in about six months - and my dad had a decent sized estate.
There are four ways assets transfer out of your name during estate administration. 1) Joint ownership 2) Beneficiary Designation 3) Trust 4) Probate. Typically, with a married couple everything is handled through joint ownership and beneficiary designations....therefore, there should be no need for probate.
I'm in Australia, so perhaps it is different? But if it's not, under the circumstances you describe, Probate is not necessary. But it would be very prudent to lodge a "Survivorship Application" as quickly as possible. This will transfer the title to property into your Dad's name. If you don't do this before your Dad passes away (and who knows with anything), it can make Probate, which will then be necessary, complicated.
In the States, it is similar everywhere, but some are different than others. In Michigan, I believe the 'estate' has to be worth a half million or more before it will be probated - it could be actually more than that. Check with an attorney before assuming anything for the state or country in which you reside and especially before the parent or whomever holds the estate to see what is what so plans can be made for the future so it won't be bumpy and so it doesn't all end up in the court's pockets. At the moment I do believe I'm good, as everything is for the survivor, but I will need to check that out with an attorney that is specially educated in that area within our state.
Atty Berry is correct. The next question or thought should be when your father dies? If you want to avoid probate, you'll need to ensure their estate is protected via a trust.
Your question indicates that your parents owned everything jointly, and there is no need for Probate authority to transfer title, or obtain access to any assets.
If that's the case, the only circumstances requiring Probate Court authority would be to enforce a right or interest that your Mom may have had at the time of death, such as a personal injury claim.
As one of the community members has pointed out, the next question might be about probate avoidance for your Father. Your Father's estate will need Probate, if he is the individual owner of any assets at the time he passes. But setting up joint ownership arrangements for him involving yourself or other people can create costly problems, including income tax liability and unexpected creditors claims.
Talking with an estate planning attorney who is also aware of the elder law issues in your state, can save your family form many potential problems.
If your Father is competent to make decisions, the attorney may suggest a Living Trust as a way to avoid Probate for your Father, because legal ownership of real estate, bank accounts, stocks and bonds or any other asset is held by the Trustee of the Trust.
Your father would be the Trust "Grantor." Instructions in the Living Trust tell the Trustee how to handle and distribute the property and assets in the Trust.
ADVANTAGES: The Trust is Revocable. Trust assets can be withdrawn and the Trust can be changed and even revoked, without needing approval from a Probate Court. Upon death of the Grantor, the Trusts becomes irrevocable.
The Living Trust can also save survivors from paying capital gains taxes on stocks, bonds and real estate that has appreciated in value.
DISADVANTAGES: Because it is Revocable, the Living Trust assets are still owned by the Grantor, and will be subject to creditors. The assets will be countable if your Father ever needs Medicaid benefits to pay for nursing home care in a nursing home.
The Living Trust is not the only option to consider. An estate planning - elder law attorney in your state can analyze your Father's health and financial circumstances, and explain whether an irrevocable trust is an option for avoiding probate and obtaining Medicaid eligibility in the future. Your Father’s health is a key factor in this conversation; even if the Irrevocable Trust complies with Medicaid regulations, any transfers into the Trust are subject to a 5 year look back period.
Chris, I think you're one of the elder law firms that provides a booth with information and free goodies at the AAA Caregiver Expos? I've been by your booth many times. It's nice to see a familiar name from the Michigan legal contingent
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 that's the case, the only circumstances requiring Probate Court authority would be to enforce a right or interest that your Mom may have had at the time of death, such as a personal injury claim.
As one of the community members has pointed out, the next question might be about probate avoidance for your Father. Your Father's estate will need Probate, if he is the individual owner of any assets at the time he passes. But setting up joint ownership arrangements for him involving yourself or other people can create costly problems, including income tax liability and unexpected creditors claims.
Talking with an estate planning attorney who is also aware of the elder law issues in your state, can save your family form many potential problems.
If your Father is competent to make decisions, the attorney may suggest a Living Trust as a way to avoid Probate for your Father, because legal ownership of real estate, bank accounts, stocks and bonds or any other asset is held by the Trustee of the Trust.
Your father would be the Trust "Grantor." Instructions in the Living Trust tell the Trustee how to handle and distribute the property and assets in the Trust.
ADVANTAGES: The Trust is Revocable. Trust assets can be withdrawn and the Trust can be changed and even revoked, without needing approval from a Probate Court. Upon death of the Grantor, the Trusts becomes irrevocable.
The Living Trust can also save survivors from paying capital gains taxes on stocks, bonds and real estate that has appreciated in value.
DISADVANTAGES: Because it is Revocable, the Living Trust assets are still owned by the Grantor, and will be subject to creditors. The assets will be countable if your Father ever needs Medicaid benefits to pay for nursing home care in a nursing home.
The Living Trust is not the only option to consider. An estate planning - elder law attorney in your state can analyze your Father's health and financial circumstances, and explain whether an irrevocable trust is an option for avoiding probate and obtaining Medicaid eligibility in the future. Your Father’s health is a key factor in this conversation; even if the Irrevocable Trust complies with Medicaid regulations, any transfers into the Trust are subject to a 5 year look back period.