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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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I will assume that Dad is dead. He and Mom are both on the deed to the house. Did Dad leave a Will saying whats mine is yours or at least saying that his half of the house is now Moms? If yes, then you need to see the County Clerk to see how you remove Dads name.
If no Will then you need to talk to Probate. Usually what happens when there is no Will someone needs to be Administrator doing everything an Executor would do. The difference is the State determines who inherits. So Dads half of the house maybe split between Mom and any children he has. (Children can give up theur inheritance to Mom) You may need a lawyer eventually.
If the house is titled as JTWROS (Joint Tenants with Right of Survivorship), the house automatically becomes 100% owned by the surviving spouse. If it's titled as Tenants in Common, then half the house belongs to the surviving spouse, and the half of the deceased person goes to their survivors or who they specify in the will.
Not too many married couples own as house as tenants in common unless it's a second marriage for them and they have kids they'd want to leave their half to. In those cases, they usually set up the ownership in a way that allows the surviving spouse to live in the house as long as they want, then the house is sold and the proceeds split when they no longer live there or die.
Is there a reason why you feel the need to take this step preemptively? Have you been advised to do this by a professional, or are you thinking this is just something you should do?
is your ? about having the surviving spouse be only owner?? OR is this about removing both parents (both the now deceased and the surviving spouse) as owners from their home??
they are very very different legal structures as to paperwork. So which one is it? and are you 100% home is owned outright with no secured encumbrances? Like there is a Release of Deed of Trust filed at the courthouse when a mortgage or HELOC was paid off (could be done ages ago) or there are no judgements against the property. and did the deceased have a will? and what does will read as to whom is to inherit their (the deceased only not the surviving spouse’s) assets? or did they die without a will (aka intestate death)?
imo the answers to the above really sets what type of path you can attempt to get title changed correctly. So what’s what?
She's saying "after one parent dies" so I guess there is another? Our OPs of late are not filling in their question and they are not returning to respond. Curious, that.
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 no Will then you need to talk to Probate. Usually what happens when there is no Will someone needs to be Administrator doing everything an Executor would do. The difference is the State determines who inherits. So Dads half of the house maybe split between Mom and any children he has. (Children can give up theur inheritance to Mom) You may need a lawyer eventually.
Not too many married couples own as house as tenants in common unless it's a second marriage for them and they have kids they'd want to leave their half to. In those cases, they usually set up the ownership in a way that allows the surviving spouse to live in the house as long as they want, then the house is sold and the proceeds split when they no longer live there or die.
OR
is this about removing both parents (both the now deceased and the surviving spouse) as owners from their home??
they are very very different legal structures as to paperwork.
So which one is it?
and
are you 100% home is owned outright with no secured encumbrances? Like there is a Release of Deed of Trust filed at the courthouse when a mortgage or HELOC was paid off (could be done ages ago) or there are no judgements against the property.
and
did the deceased have a will?
and
what does will read as to whom is to inherit their (the deceased only not the surviving spouse’s) assets?
or did they die without a will (aka intestate death)?
imo the answers to the above really sets what type of path you can attempt to get title changed correctly. So what’s what?