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
[email protected] 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 I am consenting on behalf of someone else, I have the proper authorization to do so. By clicking Get My Results, you agree to our
Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our
Terms of Use. for information about our privacy practices.
If your friend wants any of the assets outside the Trust to be handled in a specific way, it might be appropriate to add them to the Trust, either by an amendment which specifically includes them, or by a bill of sale transfer (no sale really, just a transfer of the named assets).
Otherwise, as it stands now, if they are outside the trust there is no planned disposition for them when your friend passes.
That leaves a void of responsibility and disposition.
If she doesn’t want her brother to hold POA authority, something needs to be created or disposition needs to be made via the Trust for those assets outside it, or as you queried, a will needs to be created just for those assets that aren't included in the Trust. Otherwise, they’re going to be in limbo.
I think it would be advisable to address this now and plan for disposition of anything outside the Trust, whether it’s directly to an heir, to charity, or whatever your friend wants.
As to your specific authority, it should be defined in the Trust, although the responsibilities and authority of a Trustee can be quite broad so there's room for disagreement between the brother and you what your authority might be and whether it would INFER authority over the assets not specifically name.
Trusts in Michigan typically include pour-over Wills, which provides that assets which would be covered under a will are disposed of as defined in the Trust. I don't know about trust documentation in other states, but you should inquire of your friend and/or the attorney who drafted the trust documentation. If there is a pour-over Will, that answers your question.
This issue should have been addressed as part of the trust documentation if it was prepared by a competent attorney. There can also be documentation transferring general assets such as household goods, collectibles, etc. into the Trust. In addition, the Trust MUST be funded in order for titled assets to be subject to it. This would include transfer of real estate from your friend to her as Settlor of her Trust, or to however the Trust is titled.
I think some clarification of your responsibilites when your friend passes might help resolve your concerns.
The family members I have approached are unable and/or unwilling. My friend was adamant about not wanting her brother to be POA for her, she doesn't trust him; don't know if I can talk her into naming him executor. But we should at least have that conversation. Again, I thank you all.
Good Luck.
If so, and if they want to put up a fight over assets then there will be complications.
No will = probate. And in a lot of cases, even if there is a will it will go to probate, so a will is not the magic it once was.
My advise is to see a lawyer before you get dragged into anything by some whacked out friend or relative of your friend. Just washing your hands may not be as easy as you think,