Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA.I am Ray a licensed lawyer and will be assisting you today.You have a coupld of option here.Since you paid the last two weeks here my suggestion is that you send demand letter for them to reissue the check to you.I would submit a copy of the cancelled check to them as proof to see if you can avoid probate.Youe second option is to try a a small estate affidavit here.This should be allowed for such a msall amount of personal property(funds).See if they will accept this and again reiisue the check to you as heir here named in the small estate affidavit.Washingotn State law provides for such small estate affidavits rather than full blown probate.Forms and law for reference.http://www.small-estate-affidavit.com/Small-Estate-Affidavit-Proc.htmHonestly this is real common and the botXXXXX XXXXXne is the assisted living center to to lazy to reissue the check.You have great facts here either to have them issue it to you period based on the fact you paid her bill or alternately by completing the small estate affidavit.It is not realistic for them to force you to open regular probate for this small an amount of money.I would try these options.
You can also get your local ombudsman on their case.This person is a state mandated person who represents all clients of long term care and assisted living in your area.You can locate the one for your area here.http://www.aasa.dshs.wa.gov/Resources/clickmap.htm
The Washington State Long-Term Care Ombudsman Program protects and promotes quality of life for people living in licensed, long-term adult care facilities (e.g. adult family home, Assisted Living Facility, nursing home). An ombudsman:
The following people can use the Ombudsman Program:
I think if you are persistent enough you will get them to agree to work with you to resolve this and reissue the check.I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.
thank you for the response. I will meet later today and make a second request for the check to be reissued. If unsuccessful, I will indicate my intentions will be to call on the services of the ombudsman for assistance. I will resort to the small estate affidavit as a third option. I have copy of cancelled check. Hopefully, this will be resolved today. If other issues come up, I will be back in touch. Thanks.
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