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Is this something a lawyer can help with? Elder Law, Estate planning,,,,,Please share your experience if you have received help. Time it takes, cost, how they can help with IRAs, bank accounts, property sales etc....Thank you.
This may be a situation where the assets of the deceased spouse "pour over" to the surviving one, usually outlined in the Last Will. This is a question for an elder law attorney.
IMO it would be very expensive or not legally possible to have an attorney transfer names on certain types of accounts -- they can't do it for you (or your Mom) because they are not the PoA or Executor. They can walk you through whatever process comes next (like a probate or you becoming the Personal Representative for your deceased loved one) but cannot get on the phone and transfer accounts, etc. without you being there also.
Mostly, you will need proof of PoA and diagnosis of impairment to prove the PoA is active (if it is not a Durable PoA).
You will need Death Certificates to send, mostly to financial institutions (bank, annuities, insurance, etc). The are very touchy about security and fraud, and they each have their own protocols, so call them and inform them of the death and what you need to do next as PoA for your Mom. One annuity company had me jumping through all sorts of hoops, yet another had a much simpler process.
You will need the account numbers for everything that was in the deceased's name: credit card, utilities, cable, phone, etc. The attorney will work on the house title.
FYI if there was a credit card in only the deceased's name that you are using for the spouse, the cc company will shut down that card immediately if you inform them of the death. Then, your surviving parent should just get a low-credit limit card through her bank. A few banks I've dealt with required I bring in my loved one, dementia or not, PoA or not.
Titles: car title you will need to go to the DMV to remove the deceased's name or to sell it on behalf. Properties is another issue but the attorney can deal with this.
This will all take time so keep organized notes of the name, account number, login info (if any) and when you contacted them, what they asked you to do for follow-up, and whether you followed up or not.
I just had to do all of this for my deceased Aunt this past spring. Date every note you take while interacting with these businesses and institutions. Get names of people you spoke to.
Eat the elephant one bite at a time, don't expect everything to roll over smoothly -- this way you won't be freaked out. Just keep plugging away at it.
If they had joint accts, there should be no problem. If there were beneficiaries (paid on death) the accts reverts to them. If you were not assigned POD by the surviving spouse, then no one really is now in charge. It really depends on how much the surviving spouse understands what is going on to what she can change over.
If there was a Will there should be an Executor. Maybe that person can talk to the bank and show a death certificate and work with the bank. No Will, then someone needs to become an Administrator. With no Will, the State determines who inherits.
Shell, I would see a probate attorney. Changing any of this is going to be through the probate of the deceased persons estate.
You definitely have your work cut out for you.
I think I would NOT put anything in the demented persons name. Doing a special needs trust for their continued care would be the best, imo. Don't forget to do beneficiary(s) for the trust.
I am sorry for the loss of your parent. May The Lord give you strength, guidance and wisdom during this difficult season in life.
OK, there's a lot more involved here. As far as accounts, they depend upon how they were named, whether joint or POD. That is work your Banker can inform you of. But managing an account, let us assume George Doe and Margaret Doe, means that it now belongs to Margaret it Geo. died. And assuming SHE has dementia, who will be her POA.
There are many questions here. This is all for the executor of the person's estate to deal with. And hopefully that person is ALSO the POA or guardian of the person with dementia.
You badly need an entire primer now. So you need an Elder Law or a Trust and Estate or a Probate Attorney if you are next of kin to the deceased and the person who has dementia, and is the survivor. This is very complicated stuff dependent on assets, on title of property, and etc. VERY COMPLICATED and can range anywhere from no assets, no estate, no problem to Wills, Assets, rights of survivor, management by POA or conservatorship.
I see no way but to attend an attorney. I would start with considering a probate attorney. Along with same day attorney see the banker where accounts are held, and get their advice on what's needed for next steps. I wish you the best of luck. I was Trustee of Trust and Executor of Will for my brother, but had already been his POA for more than a year, and this put me ahead of the game in knowledge. We were meticulous in record keeping and organization and it was STILL a job. Wishing you the best.
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.
IMO it would be very expensive or not legally possible to have an attorney transfer names on certain types of accounts -- they can't do it for you (or your Mom) because they are not the PoA or Executor. They can walk you through whatever process comes next (like a probate or you becoming the Personal Representative for your deceased loved one) but cannot get on the phone and transfer accounts, etc. without you being there also.
Mostly, you will need proof of PoA and diagnosis of impairment to prove the PoA is active (if it is not a Durable PoA).
You will need Death Certificates to send, mostly to financial institutions (bank, annuities, insurance, etc). The are very touchy about security and fraud, and they each have their own protocols, so call them and inform them of the death and what you need to do next as PoA for your Mom. One annuity company had me jumping through all sorts of hoops, yet another had a much simpler process.
You will need the account numbers for everything that was in the deceased's name: credit card, utilities, cable, phone, etc. The attorney will work on the house title.
FYI if there was a credit card in only the deceased's name that you are using for the spouse, the cc company will shut down that card immediately if you inform them of the death. Then, your surviving parent should just get a low-credit limit card through her bank. A few banks I've dealt with required I bring in my loved one, dementia or not, PoA or not.
Titles: car title you will need to go to the DMV to remove the deceased's name or to sell it on behalf. Properties is another issue but the attorney can deal with this.
This will all take time so keep organized notes of the name, account number, login info (if any) and when you contacted them, what they asked you to do for follow-up, and whether you followed up or not.
I just had to do all of this for my deceased Aunt this past spring. Date every note you take while interacting with these businesses and institutions. Get names of people you spoke to.
Eat the elephant one bite at a time, don't expect everything to roll over smoothly -- this way you won't be freaked out. Just keep plugging away at it.
I wish you as smooth a transition as possible!
If there was a Will there should be an Executor. Maybe that person can talk to the bank and show a death certificate and work with the bank. No Will, then someone needs to become an Administrator. With no Will, the State determines who inherits.
You definitely have your work cut out for you.
I think I would NOT put anything in the demented persons name. Doing a special needs trust for their continued care would be the best, imo. Don't forget to do beneficiary(s) for the trust.
I am sorry for the loss of your parent. May The Lord give you strength, guidance and wisdom during this difficult season in life.
There are many questions here. This is all for the executor of the person's estate to deal with. And hopefully that person is ALSO the POA or guardian of the person with dementia.
You badly need an entire primer now. So you need an Elder Law or a Trust and Estate or a Probate Attorney if you are next of kin to the deceased and the person who has dementia, and is the survivor. This is very complicated stuff dependent on assets, on title of property, and etc. VERY COMPLICATED and can range anywhere from no assets, no estate, no problem to Wills, Assets, rights of survivor, management by POA or conservatorship.
I see no way but to attend an attorney. I would start with considering a probate attorney. Along with same day attorney see the banker where accounts are held, and get their advice on what's needed for next steps.
I wish you the best of luck. I was Trustee of Trust and Executor of Will for my brother, but had already been his POA for more than a year, and this put me ahead of the game in knowledge. We were meticulous in record keeping and organization and it was STILL a job.
Wishing you the best.