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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.
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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.
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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I am sorry for your loss, and also sorry you have no relationship with your sister that allows you to discuss things with your sister. I don't understand your question, but basically whomever is the executor of the will will be the one to file probate if probate has to be filed (in some small estates it doesn't have to. If your mother just passed on the 2nd January they may not even have death certificates at this time. They also have to file for an IRS EIN number for tax purposes. Check again in a few months from now. Check the laws of your state regarding how long the executor has to notify heirs listed in the will.
If this is a large estate consider hiring your own Trust and Estate attorney to check on things and communicate with the executor or the executor's attorney.
How do you know she was coerced? I'm assuming you're talking about her Last Will & Testament? You will have to wait for her estate to go through probate, if she had assets over $75K. If she owned a home, this may easily reach this criteria. Then the executor will pay off any of her remaining debt, then distribute any remaining assets as was outlined in her Will. If she was on Medicaid, they will need to have their debt repaid as well (and they get priority).
If your Mom was coerced: in my experience in accompanying my 104-yr old Aunt to make a change in her Will... the lawyer took her aside to privately interview her for cognitive capacity AND to ask if she was being pressured. Her lawyer does this every time I take her, even though my Aunt tells the lawyer I'm her niece and she trusts me. Lawyers know better. A lawyer would not help someone alter their Will once they no longer had cognitive capacity or said they were being coerced.
Therefore, it is possible what you are fearing may not have happened, but only time will tell. And, if you think she was coerced, then you can discuss it with an attorney who will decide if you have a winnable case to persue. If so -- and you lose -- you will still need to pay the attorney and also may have to pay the attorney fees of the winning party.
If she passed without having a legally recognized Will...
"...this is called Intestate, or Intestacy. Intestacy varies from state to state.
Every state has their own established intestate process that determines whether a person’s assets will be given to their spouse, children, parents or siblings. When someone dies without a Will, their assets are frozen until the court system combs through every detail of their estate. The court then applies its state intestacy laws to make a decision regarding where a person’s possessions will be allocated This process can be time-consuming."
In my State u can not file a Will till about 10 dayscafter death. If Mom had Dementia at the time she was coerced to hand everything over to sister, those transactions could be null and void.
First thing is Will needs to be filed. Then the Executor has to make surecall bills are paid if there is an estate. My State u cannot close probate for 8 months. At that time an accounting needs to be done. You can contest the Will which will hold up anyone getting anything. If its the matter of Mom just signing everything over, you may need a lawyer if Mom had Dementia.
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.
If your mother just passed on the 2nd January they may not even have death certificates at this time. They also have to file for an IRS EIN number for tax purposes.
Check again in a few months from now.
Check the laws of your state regarding how long the executor has to notify heirs listed in the will.
If this is a large estate consider hiring your own Trust and Estate attorney to check on things and communicate with the executor or the executor's attorney.
If your Mom was coerced: in my experience in accompanying my 104-yr old Aunt to make a change in her Will... the lawyer took her aside to privately interview her for cognitive capacity AND to ask if she was being pressured. Her lawyer does this every time I take her, even though my Aunt tells the lawyer I'm her niece and she trusts me. Lawyers know better. A lawyer would not help someone alter their Will once they no longer had cognitive capacity or said they were being coerced.
Therefore, it is possible what you are fearing may not have happened, but only time will tell. And, if you think she was coerced, then you can discuss it with an attorney who will decide if you have a winnable case to persue. If so -- and you lose -- you will still need to pay the attorney and also may have to pay the attorney fees of the winning party.
If she passed without having a legally recognized Will...
"...this is called Intestate, or Intestacy. Intestacy varies from state to state.
Every state has their own established intestate process that determines whether a person’s assets will be given to their spouse, children, parents or siblings. When someone dies without a Will, their assets are frozen until the court system combs through every detail of their estate. The court then applies its state intestacy laws to make a decision regarding where a person’s possessions will be allocated This process can be time-consuming."
Source: https://trustandwill.com/learn/dying-without-a-will
I'm very sorry for your loss and equally sorry about the family discord that is now in progress.
First thing is Will needs to be filed. Then the Executor has to make surecall bills are paid if there is an estate. My State u cannot close probate for 8 months. At that time an accounting needs to be done. You can contest the Will which will hold up anyone getting anything. If its the matter of Mom just signing everything over, you may need a lawyer if Mom had Dementia.