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
[email protected] 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 I am consenting on behalf of someone else, I have the proper authorization to do so. By clicking Get My Results, you agree to our
Privacy Policy. You also consent to receive calls and texts, which may be autodialed, from us and our customer communities. Your consent is not a condition to using our service. Please visit our
Terms of Use. for information about our privacy practices.
As you were POA you already know if you were ALSO POD on any of those accounts??? If so, those are YOURS and don't belong to the estate. Otherwise you are out in the cold on this one. I am very sorry for your loss of your brother.
There is, however, the element of proof now is nonexistent since your brother has passed. But you can at least try to get your nephew to respect you financially for the care that you provided.
Yes, without a Will the State determines who inherits. If the estate is under a certain cap (my state 20k) then debts are paid and the rest goes to the son. Sorry, but unless the son wants to be gracious you may be out of luck.
I would also look for supporting statements from neighbors or anyone else who could vouch for your time & efforts. Be sure to include your start & ending dates when you provided care & a simple accounting of the total amount due.
I would be sure to reiterate your statement that while the funds were available to compensate you while you were providing care, you chose to leave those monies for your brother’s cost of living. Shows your good character. You may get a ruling in your favor.
Yes, you can bill his estate. You cannot take him to small claims, the person owing the debt is dead.
Put a bill together with a cover letter that states the exact agreement with what you did for your brother.
Be aware though, depending on how much money there is, probate may NOT be required, so you have no recourse.
I can't imagine that your nephew would begrudge you the $7,800.00 you are owed for 6 years of help.
I am sorry for your loss.
2. Oral agreements are the same as written agreements per the law. Does this mean oral agreements are honored? Most often, no.
3. However, do you have any written or recorded evidence that you took care of your brother? You most likely don't have access to the house now so that would be a problem. But you may have possession of other records, for example documents you signed showing work done for your brother that suggests you were continuously taking care of him.
4.Jewel's suggestion to ask neighbors, friends, other family members, and even contractors or others who worked on the house or otherwise provided services. Did you ever have dealings with the landlord? I'm even wondering if you quit a job to care for him and you told your employer about it; that might be helpful. They will most likely have to sign a notarized affidavit.
5. If you want to make a claim against the estate, do it right away. If the nephew has put creditors on notice, you will only have a limited period of time to present your claim. This rule may very from state to state.
6. AlvaDeer is right. As his POA agent, you probably know where he did his banking, investing, and so on. You may be named as a beneficiary.
7. As others have said, consult with an elder care attorney. It may cost some money but a one-time consult shouldn't be prohibitively expensive depending on your finances.
8. I am repeating what others have suggested, so I'm sorry for that, but it occurred to me that it might be helpful to see these good suggestions in one place.
9. Finally, be honest with yourself. Is attempting to get this money worth your while? Is it recognition of what you did for your brother really at the root of this? Or it may be both.
10. I'm sorry for the loss of your brother and for the fix you're in now. You were a blessing to him when he needed it.
And, as always, these are suggestions and not legal advice.
“A ‘lien’ is a notice that attaches to your property, telling the world that a creditor claims you owe it some money.”
See All Answers