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The elder sister of mother in law has will read and moves the $ into a trust in my wifes name to pay for mother in laws nursing home care and is insisting we have her admitted at once. We have her and are not going to admit. What happens to the $?
It depends on how and why the trust was set up. The sister may or may not have done the right thing in setting up the trust. It may have been a condition of the will. Is your MIL in poor health? What does she want to do about the funds? It sounds like the aunt thinks your MIL would be better off in a facility. $200K will pay for a limited amount of care and then what? Since MIL was an heir, she should be able to see the will to see what the bequest was. Is your wife your MIL's POA? You probably need an attorney to sort this out. Let us know what you find out.
If MIL is on public assistance she will need to go off when receiving this amt of money. I agree u need to find out how the Trust was able to be written up. Does MIL have Dementia or Alz?
Who's the Executrix/Personal Representative of the Will? Is it the woman who created the Trust, and if so, was that her idea or a condition in the Will?
As to what happens to the funds, I think the first issue is whether or not the Trust was created pursuant to the Will. And how the money will be handled would also be addressed in the Trust. So she needs to provide you with a copy of the Trust, especially if it commits you to certain actions.
However, it sounds as if she's unaware that you're caring for MIL, so she's not really up to date on that care situation. I think you have some rough times ahead of you if she is in fact PR of the Will.
And by the way, who's the Trustee of the Trust, a Living Trust, I assume?
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.
Is your MIL in poor health? What does she want to do about the funds? It sounds like the aunt thinks your MIL would be better off in a facility. $200K will pay for a limited amount of care and then what? Since MIL was an heir, she should be able to see the will to see what the bequest was. Is your wife your MIL's POA? You probably need an attorney to sort this out. Let us know what you find out.
As to what happens to the funds, I think the first issue is whether or not the Trust was created pursuant to the Will. And how the money will be handled would also be addressed in the Trust. So she needs to provide you with a copy of the Trust, especially if it commits you to certain actions.
However, it sounds as if she's unaware that you're caring for MIL, so she's not really up to date on that care situation. I think you have some rough times ahead of you if she is in fact PR of the Will.
And by the way, who's the Trustee of the Trust, a Living Trust, I assume?