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Acknowledgment of Disclosures and Authorization
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.
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Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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He has also taken everything that belonged to my parents, and will not grant me access to some of my own property that was stored in my deceased mother's storage facility.
You can't "make yourself" the executor of an estate. The will stipulates who that is, not him. It has to be filed for probate and is actually a public document.
Get to a trust and estate attorney to get some assistance as to what to do. A strongly-worded letter from the lawyer might bring Bro in line.
A Will assigns Executor. Probate approves it. It can be contested. Call the County Clerk and see if a Will has been filed, if so its now public record. Go to Probate and tell them that brother is not going by the Will. If no will, he is not an Executor but an Administrator and has to do what an Executor does. In the end, the State determines who inherits.
If after talking to the Clerk and Probate you get no where, tgen contact a lawyer.
You have stated this person "makes himself executor " of an estate. If there is a will then the will APPOINTS an executor chosen specifically by the person writing the will. If there is no will then the person has died intestate and it is necessary to deal with the estate by getting a lawyer, going to the court, informing the court that there is no will, and applying to be the "administrator" of the estate. That person is a legal fiduciary under the law, who is obligated to follow the laws of the estate. You should obtain your own lawyer to attempt to retrieve your possessions out of your deceased Mom's storage. Hopefully you have proof that these are your things. The executor/administrator doesn't have to show a will, but if there is a will it is a PUBLIC document and you will be able to access it in county records within the time needed to record it. If there is no will, there may be actions in the court to appoint an administrator. See an elder law attorney who can inform you of the rules of your state re notifying beneficiaries of a will. The administrator of a will follows the language of the will. If there is no will there are no instructions, and the administrator appointed by the court is obligated to gather all the assets, to sell said assets at fair market value, and to distribute the assets as the laws of your state stipulate. When you see the elder law attorney tell him you want to pay BY THE HOUR to be informed of the law. If you indicate this is a court case he will charge exorbitant fees and we recently saw this in a case on forum. Good luck. This is a sad warning to others reading Forum about putting their possessions in the storage of someone who may just die.
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.
Get to a trust and estate attorney to get some assistance as to what to do. A strongly-worded letter from the lawyer might bring Bro in line.
If after talking to the Clerk and Probate you get no where, tgen contact a lawyer.
If there is no will then the person has died intestate and it is necessary to deal with the estate by getting a lawyer, going to the court, informing the court that there is no will, and applying to be the "administrator" of the estate. That person is a legal fiduciary under the law, who is obligated to follow the laws of the estate.
You should obtain your own lawyer to attempt to retrieve your possessions out of your deceased Mom's storage. Hopefully you have proof that these are your things. The executor/administrator doesn't have to show a will, but if there is a will it is a PUBLIC document and you will be able to access it in county records within the time needed to record it. If there is no will, there may be actions in the court to appoint an administrator.
See an elder law attorney who can inform you of the rules of your state re notifying beneficiaries of a will. The administrator of a will follows the language of the will. If there is no will there are no instructions, and the administrator appointed by the court is obligated to gather all the assets, to sell said assets at fair market value, and to distribute the assets as the laws of your state stipulate.
When you see the elder law attorney tell him you want to pay BY THE HOUR to be informed of the law. If you indicate this is a court case he will charge exorbitant fees and we recently saw this in a case on forum.
Good luck. This is a sad warning to others reading Forum about putting their possessions in the storage of someone who may just die.