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My father and companion are grantors on a Transfer on Death deed. His companion just passed. Can he reissue the TOD to have different grantees? He lives in the property which is located in Oregon. He will move to AL in a week. I have POA.
Your POA pays for the expert advice of an attorney and that's what you need now. Don't trust things of this difficult legal magnitude to the opinions of a bunch of strangers on a Forum (delightful tho we may be). Get expert help. Hope you'll update us and I sure wish you the very best of luck. I am sorry for your recent loss and so glad you are there for your Dad in his loss.
As you probably already know, both the definitive answer to your question (can he reassign?) and the action (to actually reassign) are going to require an attorney. Which I am not.
That said, this article online might be educational – it’s about how to change (revoke) a transfer on death deed. And includes a scenario with two owners/grantors, and what happens when one of the owners dies. In the situation in the article, by right of survivorship in the deed, the remaining owner had the entire property (the transfer on death wasn’t enacted by the death of one owner—the right of survivorship kicked in first).
So I’d imagine that’s the key question: who owns the property right now. If it’s your dad only, I imagine he could change the TOD deed. (Or you, acting on his behalf through the (financial) POA, with the usual disclaimers: “with-his-permission-and-at-his-direction” if competent, “in-his-best-interest” if not competent, and if the power of attorney is written to allow it).
Here’s the article. I mention only so you can have a productive conversation with your attorney.
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.
That said, this article online might be educational – it’s about how to change (revoke) a transfer on death deed. And includes a scenario with two owners/grantors, and what happens when one of the owners dies. In the situation in the article, by right of survivorship in the deed, the remaining owner had the entire property (the transfer on death wasn’t enacted by the death of one owner—the right of survivorship kicked in first).
So I’d imagine that’s the key question: who owns the property right now. If it’s your dad only, I imagine he could change the TOD deed. (Or you, acting on his behalf through the (financial) POA, with the usual disclaimers: “with-his-permission-and-at-his-direction” if competent, “in-his-best-interest” if not competent, and if the power of attorney is written to allow it).
Here’s the article. I mention only so you can have a productive conversation with your attorney.
https://www.nolo.com/legal-encyclopedia/free-books/avoid-probate-book/chapter5-6.html