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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41623
Experience:  Texas lawyer for 30 years in Estate law
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My 88 year old mother passed away a month ago. Total property

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My 88 year old mother passed away a month ago. Total property and assets less than $1,000.00. She had no will and did not name an executor but I was provided POA for health and financial business since 2007 (terminated at her death).

I personally paid for her last two weeks of care at an assisted living facility. A reimbursement was issued with the check made out to the estate of.....
I requested the check be made out to me but there seems to be an issue with doing so. I am told I have to be listed as the executor of the estate. The payment came from my personal funds. There is no account set up for her estate and no executor listed. Do I have a claim on the reimbursement or do I have spend the $300 reimbursement check to get appointed as the executor?

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.

Honestly 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.


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:

  • Advocates for the rights of clients in adult care facilities;
  • Works with clients, families and facility staff to meet the needs and concerns of the people living there; and
  • Provides a way to get complaints and concerns heard and resolved.

The following people can use the Ombudsman Program:

  • residents living in a care facility and his/her relatives or friends;
  • administrators and staff of an adult family home, Assisted Living Facility or nursing home.

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.

Customer: replied 3 years ago.

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.

You are so welcome.I appreciate the chance to help you and wish you the best.If you can leave a positive rating it is always appreciated.
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