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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.
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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.
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No. You make a will. The attorney who makes it keeps a master copy and you have a master copy and usually another copy of your will as well. Nothing goes to court until the person who created the will dies, at which time the executor appointed opens probate.
The answer in my state is no. State statutes differ but it is unlikely that he will have to do this. However, let's clarify the information in your question.
First, is this a new will with the previous will revoked? If so, has the revoked will been destroyed? Or has he added to the will with what is called a codicil? Is this a will prepared by an attorney and has your father signed it in front of two witnesses and had it notarized? Does the new will have self-proving affidavits attached? (This may vary by state.) Has the person he has named as executor been notified? Is the will stored in a safe place and does the executor know where it is? In my county (Denver) people used to be able to give their completed will to the probate clerk's office to keep until they died. I think it's a grand idea but I'm not sure they do this anymore.
If your dad continues to insist that the new will needs to "go through the courts" have him call the probate clerk's office and they will tell him it does not. If that doesn't satisfy him and this behavior is unusual, it might be good for him to see his doctor.
Thank you, I am not sure he destroyed it or added to it. But he does have dementia and maybe did get confused about it but the one thing he continues to say is that it had to go through the court. I said to him that his other one didn't and we all have copies. I will call the clerks office today and see. He does have an Irrevocable trust for his home to protect it in case he has to be in a nursing home. Maybe he is getting that changed.
It's his will, for heaven's sake. He has to sign it, or it isn't valid, and he can't sign it if he doesn't see it. Does he think they hide everything but the signature line from him?
No one should sign anything without having read it, including someone signing his own will.
The court is the last in line to see a will, and that isn't until Dad is gone.
It depends on the state. In our state we can send a will through a pre-probate process whereby the judge reviewed our will right after signing -- which of course includes reading, signing and getting a copy. Then you then we die, the probate process is exceptionally streamlined meaning days or weeks to probate instead of longer. That might be the same with your state.
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.
I have never heard of such a thing so I was asking here if it is something new
First, is this a new will with the previous will revoked? If so, has the revoked will been destroyed? Or has he added to the will with what is called a codicil? Is this a will prepared by an attorney and has your father signed it in front of two witnesses and had it notarized? Does the new will have self-proving affidavits attached? (This may vary by state.) Has the person he has named as executor been notified? Is the will stored in a safe place and does the executor know where it is? In my county (Denver) people used to be able to give their completed will to the probate clerk's office to keep until they died. I think it's a grand idea but I'm not sure they do this anymore.
If your dad continues to insist that the new will needs to "go through the courts" have him call the probate clerk's office and they will tell him it does not. If that doesn't satisfy him and this behavior is unusual, it might be good for him to see his doctor.
No one should sign anything without having read it, including someone signing his own will.
The court is the last in line to see a will, and that isn't until Dad is gone.