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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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Willie, I thought so too, but it's not really clear, and there are some other issues involved.
Typically those kinds of checks aren't released by attorneys w/o execution by all the plaintiffs, or a representative of them or of the deceased w/o that person(s) having signed a Waiver of Rights - at least that was the case for med mal and PI cases when I worked for law firms with those practice areas. All plaintiffs had to execute the Release and agree and acknowledge certain terms and conditions.
If he signed as PR for the deceased mother, he has obligations under the Will, as well as the Release, and may be in breach of them.
So the issue may very well be more than just not distributing the money but could speak to his handling of responsibilities in whatever capacity he accepted the funds, as well as breach of a Waiver of Rights if it provided AND required that he was obligated to distribute the funds to the heirs. He would have been acting on their behalf as well as in his individual capacity. More liability than might have been breached.
On the other hand, maybe he just hasn't settled all the claims of the last illness, although a year is plenty of time.
a year ago?????????????? lump sum ................. like Garden Artist said, checks do expire. Is there a photo copy of it? May I ask the name of the drug? ====================== Thanks, M88
Most commercial checks have expiration dates, such as 180 days from date of issue. The check may now be invalid and would require re-issuance, unless your brother deposited it but just hasn't distributed the funds.
Was there a suit? Who were the plaintiffs? Or was it just your brother, and in what capacity? If there was no suit, was your brother personal representative of your mother's estate? If so, have all the expenses of your mother's last illness paid?
What reason has your brother given for his failure to apparently cash or deposit the check and distribute the proceeds?
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.
Typically those kinds of checks aren't released by attorneys w/o execution by all the plaintiffs, or a representative of them or of the deceased w/o that person(s) having signed a Waiver of Rights - at least that was the case for med mal and PI cases when I worked for law firms with those practice areas. All plaintiffs had to execute the Release and agree and acknowledge certain terms and conditions.
If he signed as PR for the deceased mother, he has obligations under the Will, as well as the Release, and may be in breach of them.
So the issue may very well be more than just not distributing the money but could speak to his handling of responsibilities in whatever capacity he accepted the funds, as well as breach of a Waiver of Rights if it provided AND required that he was obligated to distribute the funds to the heirs. He would have been acting on their behalf as well as in his individual capacity. More liability than might have been breached.
On the other hand, maybe he just hasn't settled all the claims of the last illness, although a year is plenty of time.
lump sum ................. like Garden Artist said, checks do expire. Is there a photo copy of it?
May I ask the name of the drug?
======================
Thanks,
M88
Was there a suit? Who were the plaintiffs? Or was it just your brother, and in what capacity? If there was no suit, was your brother personal representative of your mother's estate? If so, have all the expenses of your mother's last illness paid?
What reason has your brother given for his failure to apparently cash or deposit the check and distribute the proceeds?