Marie Moss In Community Senior Care Assisted Living - Retained refund due after my godfather passed in her facility contrary to her own agreement Bowie Maryland

Marie Moss is the owner and operator of In Community Senior Care which offers home-based assisted living facilities.  I selected her and her company for the home located at 3860 Irongate Lane in Bowie, Maryland for my godfather though the home was older than others I had visited for other companies that also were going for the monthly rate that my godfather could afford.  He was a veteran but did not serve in any active war so was not eligible for support from the Veterans Admnistration to assist with his care.  He had a limited budget which I shared with Marie when I was searching for home-based care for him. 

After deciding to go with her and her company, largely in part because of the special personal care that she espoused that she and her staff provide, when it was time to finalize a move-in date for my godfather, she sprung on me that she required in advance a one-month fee in addition to first month's rent.  Neither a fee nor a security deposit were noted in any written agreement that she had. I let her know that I did not go with another facility because they required this (in writting) and my godfather could not afford it so was curious why after all of our conversations she had not mentioned this for my consideration. 

She backed off of the full fee and asked if he could afford $1000 for the fee. As a good faith effort, I agreed to paying $1000 and the first month's rent for him to move in so they could begin to provide care. I believe she reduced 'the fee' because she was more interested in securing some money flowing to her due to the vacancy at the home facility where my godfather was to share a room with another gentleman.  (Note: the number of women in assisted living facilities outweigh the number of men so it is more difficult to fill a vacancy for a male).    

The day before his move-in, I paid Marie Moss the first month's rent plus $1000 for which she issued me a receipt.  She and I sat together and went through her agreement (which again made no reference to a fee or security deposit) and my godfather subsequently moved in.  I will not go into the questionable care that was provided, but just know that my godfather, who entered her facility able to walk with a walker and had been participating in physical and occupational therapy while there, steadily declined and passed away (or as she told me 'expired') in less than 3 months on the 3rd of the month. 

After dealing with the sudden notice of his death, which she could not quite explain what happened the day of, I contacted Marie about the refund due regarding my godfather given the full month's rent had been paid and in her written agreement the refund policy states that "if any resident discharges before the end of the month, rent will be prorated......If resident is here in facility until the 5th of the month, there will be no refund". 

My godfather died in her facility on the 3rd of the month and his body was removed from the facility the same day. When I inquired with Marie Moss about the refund for my godfather, first she said it would take her 30 days to process.  Then she got back in contact with me and indicated that she was retaining the full month's rent because we had not paid the full initial fee.  This took me by surprise as she and I never agreed to any alternate plan for her to obtain this undocumented fee unlike other facilities who provided options of paying over a period of months in addition to the current month's rent.  She took the full amount of her undocumented fee off of the table at the time of my godfather's move-in and never brought it back up until after his death.  She stole from a dead man! 

I looked into fiing a small claim against her but was advised that it might be more appropriate for his estate to file so I should not spend my time and money to file the claim given the chance that it could be dismissed.  I however want justice for my godfather whom Marie Moss and her staff 'cared to his death' as opposed to providing him with the best quality of life that he deserved.  She is unethical and a less than capable business person preying on the needs of elderly persons and their families.  

She ripped me off financially and of the cotinued life of my godfather who was literally looking like a skeleton the days before his passing.