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LO has alz/dementia and has been going through things in his den and has just written a will and had two people witness and sign it, and sent it off to our daughter letting her know what to disperse to who and giving her permission to do as she feels about handling this towards who gets what.My question is, do I have to allow her to come into my home after he passes so this can happen, or can I do anything about it ...this has not been notarized, and it is on plain paper. I am his wife and caregiver.
It seems like he can "Will away" his 50% but not yours. Whether or not you can prevent her from collecting things from your home that have been legally willed to her (or anyone else) is a question for an elder law attorney.
If your husband has an actual medical diagnosis of ALZ/dementia and it is in his medical records, this would be important to compare the date of the diagnosis with the date of the Will. Depending on what is written in the diagnosis may determine if the Will is valid or not. Again, ask an attorney.
The best idea might to write to your daughter, saying that you understand that your husband has written to her with an executed will. Tell her that his diagnosis of dementia means that he probably does not have legal capacity to write a new will. He may also have assumed that some things are his to will away when in fact that are jointly owned by you. Tell her that it would be best to sort this out now, rather than to leave you (and him) believing that the will is valid.
I’d suggest to her that both you and her jointly go to see a lawyer now, to discuss the situation together. Without discussing it now, it is a disaster waiting to happen, to tear people apart, and to waste a lot of money if it eventually goes to court.
Yes, Arizona is a community property state, meaning assets and debts acquired during marriage are generally owned equally by both spouses and divided in divorce, though the court aims for a fair (not always strictly 50/50) division of community property, while separate property (like inheritances, gifts, premarital assets) remains with the owner.
What is Community Property? Definition: Assets and debts accumulated by either spouse from the date of marriage until separation.
Examples: Wages earned, homes purchased, retirement funds contributed, and debts incurred during the marriage.
What is Separate Property? Definition: Property owned before marriage, received as a gift or inheritance by one spouse, or acquired after the divorce petition. Examples: A car owned before marriage, an inheritance from a relative, or a gift from a parent.
Key Points for Divorce Equitable Division: Arizona courts divide community property fairly, which often means equally, but can vary based on circumstances like income or health.
Separate Property: Kept by the owning spouse, but can become community property if mixed (commingled) or intentionally declared as such (transmutation).
Debt: Community debts are also divided, with separate debts staying with the original owner.
As far as your stepdaughter goes, speak to your attorney about that.
How do you know about this? Were you there, or did your daughter tell you about it, or did your husband? Do you or your daughter know what this will says? Do you know who these two people are? Do you and your husband already have valid wills properly drafted and signed with a lawyer, or is this the first one? Do you or your daughter or anyone else have your husband's power of attorney?
Make an appointment right away with an Elder Law / Wills and Estates Attorney. Take all of your financial and account information. Also bring whatever statements you have from your husband's doctors diagnosing his dementia, and anything that says he isn't competent.
The Attorney can tell you whether this new will is legal. It might be that given the informal format and your husband's condition, it just won't stand up in court. Or it might be that the law doesn't allow him to unilaterally give some assets away. There may be things you can do to protect some of the accounts or assets. Be proactive, and thorough.
I'm sorry this situation has arisen. Impulsivity can unfortunately be part of dementia.
Can you provide more details? (1) Where were you when the two people witnessed and signed the will? (2) How do you know what's in the will? (3) Do you have a will? (4) How is your relationship with your daughter, other than that you don't trust her?
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 your husband has an actual medical diagnosis of ALZ/dementia and it is in his medical records, this would be important to compare the date of the diagnosis with the date of the Will. Depending on what is written in the diagnosis may determine if the Will is valid or not. Again, ask an attorney.
I’d suggest to her that both you and her jointly go to see a lawyer now, to discuss the situation together. Without discussing it now, it is a disaster waiting to happen, to tear people apart, and to waste a lot of money if it eventually goes to court.
What is Community Property?
Definition: Assets and debts accumulated by either spouse from the date of marriage until separation.
Examples: Wages earned, homes purchased, retirement funds contributed, and debts incurred during the marriage.
What is Separate Property?
Definition: Property owned before marriage, received as a gift or inheritance by one spouse, or acquired after the divorce petition.
Examples: A car owned before marriage, an inheritance from a relative, or a gift from a parent.
Key Points for Divorce
Equitable Division: Arizona courts divide community property fairly, which often means equally, but can vary based on circumstances like income or health.
Separate Property: Kept by the owning spouse, but can become community property if mixed (commingled) or intentionally declared as such (transmutation).
Debt: Community debts are also divided, with separate debts staying with the original owner.
As far as your stepdaughter goes, speak to your attorney about that.
Good luck to you.
Make an appointment right away with an Elder Law / Wills and Estates Attorney. Take all of your financial and account information. Also bring whatever statements you have from your husband's doctors diagnosing his dementia, and anything that says he isn't competent.
The Attorney can tell you whether this new will is legal. It might be that given the informal format and your husband's condition, it just won't stand up in court. Or it might be that the law doesn't allow him to unilaterally give some assets away. There may be things you can do to protect some of the accounts or assets. Be proactive, and thorough.
I'm sorry this situation has arisen. Impulsivity can unfortunately be part of dementia.
(1) Where were you when the two people witnessed and signed the will?
(2) How do you know what's in the will?
(3) Do you have a will?
(4) How is your relationship with your daughter, other than that you don't trust her?