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Acknowledgment of Disclosures and Authorization
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.
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Hello...our problem is a divided family 3 to 1...and my Dad was a big time hoarder. The one sister is estranged from the rest. She want nothing from the household (it is overwhelming what is there) but she also wants her 1/4 share of EVERYTHING in money... my Dad collected for example tools...40+ hammers, 60 saws etc etc... tools galore (in the hundreds !!!) and thats just the tools.......and she wants her share of it all...how can we treat her fairly while trying to sell off the 100's and 100's of loose items that individuals have value but would take years to sell due to shear volume... she will not except a bulk estimate if we got one because she says we should be getting fair market value for ALL items... She does not want any of the items and is not willing with us in the clean up or the liquidation and she will not talk with us or the hired executor. Any thoughts or ideas would be so helpful....
The estate can not be settled until Dad's hoard is dealt with. The costs of the clean up will need to come from the estate. If some of the family choose to keep items you should keep an accounting of their value, if some of the family puts in time clearing out the mess you might want to keep track of their hours and consider paying them for their efforts. Any money remaining can be divided as per the Will only after everything is complete.
She really has no control over the settlement of the estate. She may say that things should go for a certain value, but if the estate is to be settled in a reasonable amount of time, things may have to be sold for less. Anyone who deals with selling stuff knows that. The executor is in charge of the estate and will close things when it's time. If your sister wants to make sure things go for fair market, then she needs to do the work to make it happen. I don't understand her demands at all. It sounds like she wants to control everyone without any personal involvement.
Sister can want - all she wants. But that's not going to change the fact that settling an estate is a process. A legal process with legal guidelines and requirements every step of the way. The executor is responsible to ensure every requirement and guideline is being met and adhered to.
Based on what you have described- your sister is laughingly clueless as to how probate works. I'm saying this as the executor of my mothers estate - heading into the final stretch of probate. Then we get to wait. Wait until a judge reviews everything and then gives the executor - me - permission to distribute assets. And in your case - this isn't likely to happen until all that stuff is gone.
In summary - don't worry about it. Don't worry about what sister wants or how she thinks things ought to happen. Probate is what it is - and situations such as what you're describing is at least one of the reasons why.
Your sister should get whatever the will leaves to her (assuming there are assets to cover all bequests.) The executor must see that that happens. Cwillie has explained that the costs associated with liquidating assets will be subtracted from what is available to distribute. You could hire someone to handle the cleanup and sales. If some of you want to participate in this work those who do should be compensated for the work before the rest is distributed.
It is not up to her to say what she will accept. If the executor accepts a bulk offer, then her share is based on that. If the items are sold individually or in smaller batches, then her share will be based on the proceeds of those sales. It is not based on what she thinks the estate "should have" sold for.
It is sad that a family member is so estranged. (But I am not judging her. Sometimes there is real justification.) It is admirable that you want to be fair to her. That will happen if you simply let the executor follow the law. Your sister won't talk to you or the executor. Fine. She will be told when the estate is ready to be distributed to the heirs. If she makes demands simply assure her that the executor is following the law and she will get her share when it is available to distribute.
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.
Based on what you have described- your sister is laughingly clueless as to how probate works. I'm saying this as the executor of my mothers estate - heading into the final stretch of probate. Then we get to wait. Wait until a judge reviews everything and then gives the executor - me - permission to distribute assets. And in your case - this isn't likely to happen until all that stuff is gone.
In summary - don't worry about it. Don't worry about what sister wants or how she thinks things ought to happen. Probate is what it is - and situations such as what you're describing is at least one of the reasons why.
It is not up to her to say what she will accept. If the executor accepts a bulk offer, then her share is based on that. If the items are sold individually or in smaller batches, then her share will be based on the proceeds of those sales. It is not based on what she thinks the estate "should have" sold for.
It is sad that a family member is so estranged. (But I am not judging her. Sometimes there is real justification.) It is admirable that you want to be fair to her. That will happen if you simply let the executor follow the law. Your sister won't talk to you or the executor. Fine. She will be told when the estate is ready to be distributed to the heirs. If she makes demands simply assure her that the executor is following the law and she will get her share when it is available to distribute.