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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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Mom is the survival Trustee after Dad passed away last year. She plans to sell her house that is in the trust, and use the money to fund her Assisted Living Facility care.
This is confusing. If your mother resigned as trustee, is there a trustee now, or has the trust wound up? If the trust is still current, the chances are that she can deposit money into it, whether or not she is a trustee. If the trust has wound up, a new trust could be made to receive the money. Whether the money in the trust can be spent on her own care depends on the current trustee and the terms of the trust. If the beneficiary of the old or a new trust is not your mother (for example is a child of the marriage), it might not be OK. It sounds like you aren't very clear about this, so probably best to check with the lawyer who prepared it.
The Trustee would deposit the check. That's the best way, though I am uncertain if the Mom could as well. When my bro sold his home, which was in the trust, we was competent to sign all papers, and he gave the check to me, his Trustee; I deposited into his Trust account. And yes, the money can be used to pay her bills of any kind. It all becomes exceptionally confusing this. My brother and I both signed on some papers in the sale as I had taken over as Trustee of the Trust and yet the home was in his name, his name as Trustee. Papers get signed as they are made out which threw me for a loop, but luckily I did have a Lawyer who could walk me through a few questions, by phone and email. All went smoothly. If the check is made out to your Mom's trust you sign the check as current Trustee of that Trust account. As I said, it all gets so convoluted. Certainly if you have a banker (because my brother's entire holdings at the bank exceeded a certain amount I was assigned a "personal wealth management banker". Doesn't take a whole lot for them to consider you have "wealth". He was also invaluable to me and he still is, as my brother died in May, and his Trust then became irrevocable and I the Executor and Trustee to manage all that. So speak to your banker with questions you have ongoing. NOT the teller. The banker at the desk; ask for an appointment if you ever have questions. Wishing you luck. I finally ran into what I told my partner was the Banker saying "Ask your CPA or Lawyer" and the Lawyer saying "That's a Banker question" and the two saying "That's a CPA question. Eventually you get it ironed out as you go along.
If the house was owned by the Trust, then the $ from the sale of the house is the Trusts $.
Find the paperwork on the house. However it is exactly titled will more than likely be how the check is issued at the Act of Sale or held in escrow. So if it’s “PVO Family Trust” as the owner for tax & land records, the check is going to be made out to “PVO Family Trust”. Be sure to let the a Realtor know it’s owned by a Trust as that might determine which title company they use.
Continued..... So then the $ will be deposited to the Trust account. It won’t need to be signed by her personally, but instead just deposited into the acct with “for deposit only” on it. As long as the info on the face of the check and how the account is all matches up, it should be ok.
if mom resigned as Trustee, is it also is that she also removed herself as a signatory on the Trust account? You imho need to clearly find this out. If so, y’all need to think about how her bills are going to get paid and by whom. If there’s a law firm who is doing Trust administrative, they can do it but it will get expensive & kinda a real PIA to get smallish things paid for. I don’t know if a Trust acct can get a debit card. Talk with the law firm as to just how to set this up now. I assume she’s still totally competent and cognitive to do anything legal, right?
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.
When my bro sold his home, which was in the trust, we was competent to sign all papers, and he gave the check to me, his Trustee; I deposited into his Trust account. And yes, the money can be used to pay her bills of any kind.
It all becomes exceptionally confusing this. My brother and I both signed on some papers in the sale as I had taken over as Trustee of the Trust and yet the home was in his name, his name as Trustee. Papers get signed as they are made out which threw me for a loop, but luckily I did have a Lawyer who could walk me through a few questions, by phone and email. All went smoothly. If the check is made out to your Mom's trust you sign the check as current Trustee of that Trust account. As I said, it all gets so convoluted. Certainly if you have a banker (because my brother's entire holdings at the bank exceeded a certain amount I was assigned a "personal wealth management banker". Doesn't take a whole lot for them to consider you have "wealth". He was also invaluable to me and he still is, as my brother died in May, and his Trust then became irrevocable and I the Executor and Trustee to manage all that. So speak to your banker with questions you have ongoing. NOT the teller. The banker at the desk; ask for an appointment if you ever have questions. Wishing you luck. I finally ran into what I told my partner was the Banker saying "Ask your CPA or Lawyer" and the Lawyer saying "That's a Banker question" and the two saying "That's a CPA question. Eventually you get it ironed out as you go along.
Find the paperwork on the house.
However it is exactly titled will more than likely be how the check is issued at the Act of Sale or held in escrow. So if it’s “PVO Family Trust” as the owner for tax & land records, the check is going to be made out to “PVO Family Trust”. Be sure to let the a Realtor know it’s owned by a Trust as that might determine which title company they use.
if mom resigned as Trustee, is it also is that she also removed herself as a signatory on the Trust account?
You imho need to clearly find this out. If so, y’all need to think about how her bills are going to get paid and by whom. If there’s a law firm who is doing Trust administrative, they can do it but it will get expensive & kinda a real PIA to get smallish things paid for. I don’t know if a Trust acct can get a debit card. Talk with the law firm as to just how to set this up now. I assume she’s still totally competent and cognitive to do anything legal, right?