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Dad put a non relative name on a property he owns here in Florida plus gave this person the family cottage. I feel this person or persons are taking advantage of him. What can I do? My Dad is 86.
Roni, just to clarify....by "putting" a name on the property, are you stating that your father executed a warranty or quit claim deed to this other person? If so, was it recorded properly? Is this for the same property as the cottage that he gave to someone?
If the deed was correctly drafted and recorded, unless you can prove that your father wasn't of sound mind when he did this, or if he was under some influence or coerced by this person, I don't think there's anything you can do.
But do check to ensure that the transfer deed was in fact properly recorded. You might want to get a copy and have an attorney review it. Also check your father's signature, and the witnesses, to ensure they're legitimate.
You should also ensure that your father has no residual interests, i.e., if he conveyed good title to the individual(s), he/they are now responsible for property and home upkeep as well as property taxes.
Check the local community's treasurer's (or whatever division handles property taxes) to see if the tax roll reflect the transfer.
I once had a temp assignment for an attorney who told me (not asked, but TOLD me), to wite out the name and signature of a witness, and substitute mine. I refused, and of course was fired on the spot. Unfortunately, there are some attorneys who don't meet standards, so check out the deed in every respect.
Is your dad legally competent? Does he have some cognitive impairment? What makes you suspect that your dad is being taken advantage of?
Is dad mad at family members? Is this a way to disinherit family?
Is this a "sweetheart" situation? Is the recipient a long-term friend from way back?
Does Dad live in Florida? I suppose APS might be an appropriate agency to notify, but I don't think much would come of their investigation unless you have some specific reasons for your concern that they could look into. If they visit Dad and he says, "Yup. I gave the cottage to Joe because of all the help he gave me after I got out of the hospital" there isn't a whole lot they could do. However if you find out that Joe was fraudulently representing himself as a charity and Dad thought he was making a donation, that is something they could look into.
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 the deed was correctly drafted and recorded, unless you can prove that your father wasn't of sound mind when he did this, or if he was under some influence or coerced by this person, I don't think there's anything you can do.
But do check to ensure that the transfer deed was in fact properly recorded. You might want to get a copy and have an attorney review it. Also check your father's signature, and the witnesses, to ensure they're legitimate.
You should also ensure that your father has no residual interests, i.e., if he conveyed good title to the individual(s), he/they are now responsible for property and home upkeep as well as property taxes.
Check the local community's treasurer's (or whatever division handles property taxes) to see if the tax roll reflect the transfer.
I once had a temp assignment for an attorney who told me (not asked, but TOLD me), to wite out the name and signature of a witness, and substitute mine. I refused, and of course was fired on the spot. Unfortunately, there are some attorneys who don't meet standards, so check out the deed in every respect.
Jeanne, good questions and analysis.
Is dad mad at family members? Is this a way to disinherit family?
Is this a "sweetheart" situation? Is the recipient a long-term friend from way back?
Does Dad live in Florida? I suppose APS might be an appropriate agency to notify, but I don't think much would come of their investigation unless you have some specific reasons for your concern that they could look into. If they visit Dad and he says, "Yup. I gave the cottage to Joe because of all the help he gave me after I got out of the hospital" there isn't a whole lot they could do. However if you find out that Joe was fraudulently representing himself as a charity and Dad thought he was making a donation, that is something they could look into.