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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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Dad had a will many years ago. Stepmom signed prenuptial since his passing, can't find will, don't know who the attorney was or if you're even still alive. How do we go about finding the will?
Yes, need to find the lawyer who drew it up. Did Dad have a safety deposit box? A safe in the house? If no Will can be found, its up to the State to determine who inherits. Wife gets a % and children get a % split between them in my State. Last I heard Wife gets 75% and children 25% but each state is different.
Safety deposit box most common place to put one outside the house. Otherwise, you need to go through every single piece of paper and file that you can find inside the house. If you don't have any idea who the atty might have been, not much chance of finding it documented anywhere else. You could check the county records, but I doubt you'll find a copy of it. If you don't locate it, you are at square one and will have to file probate for estate without a will.
This is a perfect example of why you should never hide a will, and NEVER put it in a safe deposit box. Always give a copy or two to people you trust with the instructions it isn't to be opened until your death.
Safe deposit boxes are the worst place to keep them, because if the will says who the executor is, but the executor can't access the box without the will, well, you're in a load of trouble.
If it cannot be found, then however your State deals with “intestate death” becomes the process. Usually whatever assets escheat to the State, kinda in a holding pattern, till heirs are determined. Then assets distributed as per State set % for family.
Usually for intestate, the heirs will need to get an attorney to do a Lineal Heirship process. It’s a sequence of steps to determine just who might be out there that could be a heir. Lineal really is not a DIY as it has specific formatted documents in set time frames that must be properly filed. It’s not expensive per se, but more a niche that some probate atty do.
I’ve got to ask what exactly do you mean by “Stepmom did a prenuptial since his passing”. Prenups are done before the wedding and then recorded at the courthouse. It’s not an after death document. So what exactly did SM do?
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.
Safe deposit boxes are the worst place to keep them, because if the will says who the executor is, but the executor can't access the box without the will, well, you're in a load of trouble.
Wills don't need to treated with such secrecy.
Usually for intestate, the heirs will need to get an attorney to do a Lineal Heirship process. It’s a sequence of steps to determine just who might be out there that could be a heir. Lineal really is not a DIY as it has specific formatted documents in set time frames that must be properly filed. It’s not expensive per se, but more a niche that some probate atty do.
I’ve got to ask what exactly do you mean by “Stepmom did a prenuptial since his passing”. Prenups are done before the wedding and then recorded at the courthouse. It’s not an after death document. So what exactly did SM do?
"Stepmom signed prenuptial, since his passing can't find will"
Well if prenup is on file, at least have that.