Anyone experienced in Estate Issues?
Posted 02 May 2008 - 10:24 AM
I know the money that was already there up until he death is not in jeopardy because it's in my name...but for instance we prepaid her blue cross for May and June and she passed April 21st so that should be coming back in her name most likely. Her stimulous check should be coming, the pension people sent her some money (still have to call and see what this is for exactly) and I think there is something else...So when these checks come in, I believe it's money that is legally hers to keep but since isn't here to sign how do we deposit it? My mom had power of attorney before she died but doesn't that only work while living? There was no will or anything because she had no money...
Am I making sense?
Posted 02 May 2008 - 10:37 AM
Posted 02 May 2008 - 10:42 AM
Here is the Q & A from my county's website: Delaware County PA
Posted 02 May 2008 - 10:43 AM
| Originally Posted by Maura |
michelle, i believe you have to present the death certificate with the check.... i forget how it works, but i know my dad had to do this about 12 years ago when his mom died... let me ask him and get back to you
Posted 02 May 2008 - 10:48 AM
Posted 02 May 2008 - 10:50 AM
| Originally Posted by michelle08 |
Thanks ladies...any info helps...she doesn't have much coming in...so I don't know if hiring a lawyer is worth it...my mom's husband has a few lawyer friends so he is going to run it by them...and we did order a bunch of death certs from the funeral home...so we should be pretty good their...I could always call the bank too huh?
I'm sorry you're dealing with all of this, I know how much it sucks.
Posted 02 May 2008 - 05:36 PM
You take the death cert to the bank and send copies to everyone that had contact for financial reasons to your gran. You won't need a power of attorney, the account is in joint names so all you need is the death cert
In the UK we advise to get a solicitor because there can be big problems if there is no will with intestancy. I'd maybe make an appointment with a solicitor, its worth 30 mins of advice just to make sure you are on the right track.
Sorry I haven't been much help x
Posted 02 May 2008 - 05:44 PM
The form is annoying, I'm not going to lie but its doable. If you want to be the adminstratix then you have to get all her distributees (meaning anyone that has a right to inherit) to waive their rights to wanting to be the adminstrator. Its an annoying form they have to fill out. You will also be required to present the original death certificate to the court along with receipts showing that all her funeral expenses were paid for (California may have different requirements).
You will also have to list all assets she has (insurance policies, stocks, pensions, bank accounts, lawsuits, etc) and whether or not she ever received public assistance.
You will probably have to name every child of hers, any living brothers or sisters of hers, any grandchildren, cousins, aunts, uncles, or parents of hers that are living. They would technically all be entitled to collect.
But in order to save time and sanity the best way to do it is to just pick a family member (either your mom or yourself) to be the adminstratrix and then have only your grandmother's other children or if your grandfather is alive waive their rights. It keeps things simple like that. Let me know if you have any other questions.
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