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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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This executer has not filed the will with probate court. His brother was going to walk away from everything until his mothers belongings were being taken out of the house while she lay dying in her bed.
Where was the person's residence on the date of death? The state law will give you some answers to your questions about the executor's duties.
In my state, Massachusetts, anyone in possession of an original Will document has a duty to deliver the Will either to the Probate Court or to someone who can properly file it with Probate Court. Here is what Section 2-516 of the Massachusetts Uniform Probate Code says about Duty of Custodian of Will; Liability:
"After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court."
An old state law in Massachusetts provided that a person interested in the estate may initiate proceedings to compel delivery of a will to the Probate Court by a complaint. When the Probate Code was put into effect in Massachusetts, the drafters said: "that appears to be implied in the last sentence of section 2-516."
A probate and estate settlement attorney in your state can advise on how state laws can help solve your situation.
My dad's estate did not have to be probated, however we did have to file a petition to dispense with the administration of it but my father in law's also didn't have to be probated and as far as I know nothing had to be done through the court with his. And what do you mean they took the will and returned a copy; I took dad's will before he passed and made a copy for myself at one point and returned his; however, I later took the original as well before he passed, as I, too, was the executor - now not saying bf's brother thinks this would have happened but from some things that had been said that had been done - felt responsible for making sure I could produce his original when he did pass away, especially since his attorney who had drawn it up had left town with or without his files or whether he had filed, so could that be the reason there? also, had dad had an insurance policy I likely would have done the same thing there, however he had cashed his in - yes, but did find out when you pre-pay your funeral you typically are actually just taking out a new policy but not sure you get a copy or the funeral home just always keeps it and his I was pretty confident in that everything would be ok there but from what I hear about other places had it been like and not like it was, I likely would have tried to get my hands on it as well; again, as executor responsible for seeing that everything was taken care of, so, again, could that be the reason for that as well? Now the belongings are a different matter and I'm still wondering if the attorney is supposed to be playing any type of role in this? is he the one who drew up the will?
"The Executor has not filed with the probate court " -- not all states require every estate to be "filed" with the probate courts...in some states if non-probate assets total less than a certain amount, the executor does not need to file.
Because we told him about it and I guess he thought we should have known they would do it. They took her will when she was still up and moving around and returned a copy. They took her life insurance policy before she died. I will tell you I come from a long line of losers but not one time have they acted like vultures. So at this time I'll stand up and say I'll take my long line of losers over these idiots anyday.
My bf is the one with the questions. I support him. See the executor is his older brother. His older brother and one of his sisters removed his mothers belongings from the house as she lay dying. An attorney asked him why he didn't do it. His answer was simply because I. would have never done anything like that.
Honsy, I know that you are very invested in this Dear Lady, but now you need to step back and let the family work it all out, and May God help them. You should put your efforts in to supporting your boyfriend, and into grieving your dear friend! God bless you!
I don't want anything out of any of this. These people have done things I have never seen before. They didnt want me out when she almost choked to death a week before she died. Or when I had to empty the contents of her stomach. They were trying to justify their actions because they weren't there before she was admitted to hospice and lets not forget I made her a promise that I wouldn't leave her. Sorry so blunt but thats the cold hard truth.
Isn't this the situation in which you're living with your BF, taking care of his dying mother, and the siblings want you out of the house and gone, as of yesterday?
Maggie is right. In legal terms, you have absolutely no standing on which to become involved or take action. If your BF wants to, he should see an 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.
In my state, Massachusetts, anyone in possession of an original Will document has a duty to deliver the Will either to the Probate Court or to someone who can properly file it with Probate Court. Here is what Section 2-516 of the Massachusetts Uniform Probate Code says about Duty of Custodian of Will; Liability:
"After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court."
http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/art2.pdf
An old state law in Massachusetts provided that a person interested in the estate may initiate proceedings to compel delivery of a will to the Probate Court by a complaint. When the Probate Code was put into effect in Massachusetts, the drafters said: "that appears to be implied in the last sentence of section 2-516."
A probate and estate settlement attorney in your state can advise on how state laws can help solve your situation.
Maggie is right. In legal terms, you have absolutely no standing on which to become involved or take action. If your BF wants to, he should see an attorney.