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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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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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Kathie, regarding doing a Will on your own, I wouldn't recommend it. All it takes is one missing word or one misplaced word could create a major problem with the Will.
When a person passes, the Power of Attorney ends.... now it is up to the Executor of the Estate to take over. It is up to the Executor to pay the bills out of what money is left in the checking/savings account.
The only way you would be responsible for the love one who had passed is if you had co-signed for mortgage/rents, loans, credit cards.
Short version is once the principle dies, you are no longer the POA. The responsibility now goes to the Executor who has to wait about 10 days to file the Will for probate. At that time he gets a short certificate saying he can handle the estate, banking accts and all. If no will, you can ask to be an Adminstrator, if the estate is under 20k (in NJ) you sign an affidavit and with both get a short certificate. I would say that the caregiver is going to have to wait to be paid. I would suggest she present a bill to whomever will be handling the estate.
I would use a lawyer for a Will. If money is a problem, then call Office of Aging and ask about legal aid.
POA ends at death. When a person dies their estate is responsible for paying any outstanding bills or debt from the assets in the estate.
If there is no money or other assets in the estate, then the bills/debt are not paid.
Wills are very special documents. Yes you can get a Will kit and do your own, but if there are any potential issues with your estate, fighting heirs, major assets to be sold or distributed, then a professional Will is a good idea.
I’m answering based on the caregiver is needing to be paid & has presented you with a bill & there is $ in the now deceased account..... if you were a signatory on the now deceased checking account, I’d call the bank and speak with a bank officer; you tell them that you were the now deceased DPOA and were signatory on her bank account (believe me the bank officer will look this up in their system as you are on the phone with them, you don’t have to do this in person necessarily) and that it seems there are a few checks still not cashed but written on the account signed by you BEFORE death (you have at the ready the check #s and who to and amount of check and that they clearly are dated days before date of death) and your calling as you want to make sure there’s no problem for those checks clearing the account.
Usually bank will allow checks clearly written before death to be paid. But the caregiver needs to do this ASAP. And there has to $ in the bank to fully pay those checks on the account before DOD.
Banks do & will freeze a deceased account. But the account isn’t truly closed, it’s more like it’s red flagged.
Are you the named Executor as per the will? If so and you were on the account, you may be able to have it stay open and you use it and all those old checks as the estate of account. Your being signatory should have your SS# attached to account. It shoots over to your SS#. This is what we did for my mom / her estate. And it was the bank officer who suggested it. The checks had her name & mine on them.
The statement for the month that has cleared all checks writtten prior to DoD will be important as that end of mo balance will be a value entered for probate.
On the doing probate DIY, whether or not it’s feasible depends on your states laws for probate and imo what the “estate” is. I’ve been Executor 3 times and all with probate atty. I think to DIY probate isn’t a good idea unless you are very comfortable with how a courthouse runs and not flummoxed by doing filings.
On retrospect, of the 3, one could have been a DIY as this aunt had basically no bills, full funeral & burial preneed done, and owned her home & car outright, was current on taxes. Will had me as Executor as heir was in the military. Transferring titles to him probably could have been done as “muniment of title” probate action which had a $500 or so filing fee but you had to have all your paperwork on the house & car valid with whatever Release of Deed of Trust filed and cancellation of auto loan stamped document & house items filed onto the PPIN for land records and filed onto the docket in the sequence set by law for muniment. If right now your confused on what I just wrote, your imo not cut out to DIY this. Yeah I could have done it as I know how to do land searches & read a plat. But imho it’s just wiser to have a probate atty do what’s needed. Unless this is a big estate or there are sticky issues, probate should not be expensive, like $2-$3k. The attorney should be recognized by the court for that courts jurisdiction and atty has online filing and online notification on claims filed as well as whatever snail mail required to be mailed.
some states have set time as to by when probate MUST be opened after DOD. Some have set time for them to close by. Others allow for probate to stay open till forever.
If you anticipate any infighting from heirs, make that clear to attorneys you speak with when looking for your probate atty.. Litigation probate is speciality work; most probate guys do not do these.
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.
When a person passes, the Power of Attorney ends.... now it is up to the Executor of the Estate to take over. It is up to the Executor to pay the bills out of what money is left in the checking/savings account.
The only way you would be responsible for the love one who had passed is if you had co-signed for mortgage/rents, loans, credit cards.
Kathie
I would use a lawyer for a Will. If money is a problem, then call Office of Aging and ask about legal aid.
If there is no money or other assets in the estate, then the bills/debt are not paid.
Wills are very special documents. Yes you can get a Will kit and do your own, but if there are any potential issues with your estate, fighting heirs, major assets to be sold or distributed, then a professional Will is a good idea.
Usually bank will allow checks clearly written before death to be paid. But the caregiver needs to do this ASAP. And there has to $ in the bank to fully pay those checks on the account before DOD.
Banks do & will freeze a deceased account. But the account isn’t truly closed, it’s more like it’s red flagged.
Are you the named Executor as per the will? If so and you were on the account, you may be able to have it stay open and you use it and all those old checks as the estate of account. Your being signatory should have your SS# attached to account. It shoots over to your SS#. This is what we did for my mom / her estate. And it was the bank officer who suggested it. The checks had her name & mine on them.
The statement for the month that has cleared all checks writtten prior to DoD will be important as that end of mo balance will be a value entered for probate.
On the doing probate DIY, whether or not it’s feasible depends on your states laws for probate and imo what the “estate” is. I’ve been Executor 3 times and all with probate atty. I think to DIY probate isn’t a good idea unless you are very comfortable with how a courthouse runs and not flummoxed by doing filings.
On retrospect, of the 3, one could have been a DIY as this aunt had basically no bills, full funeral & burial preneed done, and owned her home & car outright, was current on taxes. Will had me as Executor as heir was in the military. Transferring titles to him probably could have been done as “muniment of title” probate action which had a $500 or so filing fee but you had to have all your paperwork on the house & car valid with whatever Release of Deed of Trust filed and cancellation of auto loan stamped document & house items filed onto the PPIN for land records and filed onto the docket in the sequence set by law for muniment. If right now your confused on what I just wrote, your imo not cut out to DIY this. Yeah I could have done it as I know how to do land searches & read a plat. But imho it’s just wiser to have a probate atty do what’s needed. Unless this is a big estate or there are sticky issues, probate should not be expensive, like $2-$3k. The attorney should be recognized by the court for that courts jurisdiction and atty has online filing and online notification on claims filed as well as whatever snail mail required to be mailed.
some states have set time as to by when probate MUST be opened after DOD. Some have set time for them to close by. Others allow for probate to stay open till forever.
If you anticipate any infighting from heirs, make that clear to attorneys you speak with when looking for your probate atty.. Litigation probate is speciality work; most probate guys do not do these.