The check had her name with the name Trust as part of her name. We didn't need a Trust. The check is 1,300.00. I understand it could cost that much to open a trust just to be able to cash the check. They won't reissue her refund without the word Trust, but the bank won't deposit it that way. How do I get her money back with out opening a trust?
No doubt each resident has a "Trust" account where the PNA money goes and this account is set up for debits and credits and to write checks out of, you just have to be smart enough to change the payable to to a different name ie persons name only and not the in-house name of the account.
I have no doubt this earns facilities millions of dollars in revenue, they make it so hard many people just throw their hands in the air and say forget it.
This practice should be exposed and these facilities should have to answer for any practice intended to steal money.
If your Mom left no estate then you do not need to file probate. On the other hand, it is impossible for the Nursing Home to write a check to you or another relative. They can only issue a check to The Estate of __________ or to The Trust of _____________ if said exists.
You might consider seeing a probate attorney for an hour of time (admittedly a third of what you are getting back in cost) as to how to proceed.
Your Mom clearly can't create a Trust after she has passed so the Nursing Home wrote out a check to something that doesn't exist knowing (in all likelihood) that it cannot be cashed.
I myself might try contacting an Ombudsman, and telling this Nursing Home that you will be reporting them to the regulatory agency in your State for fraud. It might get their attention.
I sure do wish you luck. There are always so many hoops to jump through with settling things. I am so sorry for your loss.
not sure what an ombudsman does… ( I hear that word often here) but I would tell the facility you will contact them .
They have no business assuming she had one. In fact, ask them to show you their copy of her trust, which they should have with her admission contract. When they can't find it, tell them to cut another check correctly.
The correct way to issue the check is to "The Estate of" Mom. Tell them to do their job correctly or contact a higher-up in the organization to get it fixed.
You do not create a trust, and you couldn't if you wanted to. You can't creat trusts for dead people.
Nobody gets a copy of the trust except the grantors and the trustees during life and then beneficiaries can request a copy upon death.
A NH or any facility would not be privileged to the Trust.
I would tell them you will take this obvious, fraudulent behavior to every news station and licensing board in your state if they persist in refusing to change the check.