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Old 03-12-2015, 03:47 PM
 
Location: Baltimore, MD
3,745 posts, read 4,215,210 times
Reputation: 6866

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Quote:
Originally Posted by newenglandgirl View Post
A revocable trust would have avoided probate (and the several thousand to the lawyer to handle that), but to set one up costs $$ and so she probably could not have done that.
You have to put something INTO the Trust. She apparently had nothing.
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Old 03-12-2015, 03:51 PM
 
2,429 posts, read 3,222,625 times
Reputation: 3330
My question is: is next of kin REQUIRED BY LAW -- whether you're named in the will or not -- to handle your estate. Technically next of kin isn't always an immediate family member. It could be someone you don't even know. And it's already been mentioned you CAN decline. But CAN the state MAKE you do it. Could a judge say you can't decline?

SUppose your a beneficiary who'd benefit from the estate, but refuse to administer it. Could the state say fine -- you don't want to do it -- then you get your inheritance when WE get around to it. And probate could take years, so it's "in your best interest to just DO IT?" And how would this even come to the attention of the state/county in the first place.

If you die at a hospital with no contact info -- I'd imagine a hospital staffer is charged with digging up next of kin info. If for no other reason the hospital wants to get paid. SO let's say they find a brother...could that sibling say "oh, they died? oh well, bye"

Like the case of a person being told you have no legal obligation to see that a final tax return is filed. Did he HAVE to do ANY of the things he did, funeral, seeing that the car was sold. For example he told the utility companies turn off the lights, gas, etc. she died. And there's no money she was insolvent.

Landlord gave him a certain amount of time to get her stuff out. COULD he have taken what he wanted out of the apt -- and then told the landlord to go pound sand YOU keep the rest -- BYE! The landlord couldn't bill HIM for it. Once he got a death cert he could have gotten this life insurance benefit - -and washed his hands of the rest. I don't think he HAD to do anything.

I don't think making funeral arrangements for a person makes you LEGALLY obligated to settle their estate, and take care of other things after a person dies.

Last edited by rdflk; 03-12-2015 at 04:06 PM..
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Old 03-12-2015, 03:54 PM
 
Location: SW Corner of CT
1,948 posts, read 1,534,865 times
Reputation: 2438
Maybe she didn't like her brother
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Old 03-12-2015, 05:21 PM
 
Location: Near a river
16,042 posts, read 18,969,510 times
Reputation: 15649
Quote:
Originally Posted by lenora View Post
You have to put something INTO the Trust. She apparently had nothing.
True!
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Old 03-12-2015, 05:40 PM
 
Location: Verde Valley AZ
8,612 posts, read 9,676,241 times
Reputation: 10950
Quote:
Originally Posted by newenglandgirl View Post
True!
All my mom had in her trust was the house. It is not the same house anymore. My brother has changed everything about it inside. They will be moving in just about the time I will be moving out! We still haven't seen a copy of the trust and I guess we never will.

He said something about filing taxes this year but I don't know for what. The house? I know he's going to have to pay the deferred property taxes and I have no idea where the money is coming from to do all the remodeling he's done. They've been having a yard sale every weekend but he's putting a high price on all of it. They STILL have a yard/carport/AZ room full of stuff! I could probably use a few things like end tables, etc. but I am NOT paying him a dime for anything so I'm not even going there.
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Old 03-12-2015, 05:55 PM
 
Location: SoCal desert
8,093 posts, read 13,227,512 times
Reputation: 14870
Quote:
He said something about filing taxes this year but I don't know for what.
He'll have to file next April also, since the trust is in effect/being closed in 2014.

But that's not your problem
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Old 03-12-2015, 08:27 PM
 
Location: Verde Valley AZ
8,612 posts, read 9,676,241 times
Reputation: 10950
Quote:
Originally Posted by Gandalara View Post
He'll have to file next April also, since the trust is in effect/being closed in 2014.

But that's not your problem
You are so right!
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Old 03-12-2015, 08:38 PM
 
Location: Sarasota, FL
2,636 posts, read 1,544,093 times
Reputation: 5005
Quote:
Originally Posted by rdflk View Post
My question is: is next of kin REQUIRED BY LAW -- whether you're named in the will or not -- to handle your estate. Technically next of kin isn't always an immediate family member. It could be someone you don't even know. And it's already been mentioned you CAN decline. But CAN the state MAKE you do it. Could a judge say you can't decline?

SUppose your a beneficiary who'd benefit from the estate, but refuse to administer it. Could the state say fine -- you don't want to do it -- then you get your inheritance when WE get around to it. And probate could take years, so it's "in your best interest to just DO IT?" And how would this even come to the attention of the state/county in the first place.

If you die at a hospital with no contact info -- I'd imagine a hospital staffer is charged with digging up next of kin info. If for no other reason the hospital wants to get paid. SO let's say they find a brother...could that sibling say "oh, they died? oh well, bye"

Like the case of a person being told you have no legal obligation to see that a final tax return is filed. Did he HAVE to do ANY of the things he did, funeral, seeing that the car was sold. For example he told the utility companies turn off the lights, gas, etc. she died. And there's no money she was insolvent.

Landlord gave him a certain amount of time to get her stuff out. COULD he have taken what he wanted out of the apt -- and then told the landlord to go pound sand YOU keep the rest -- BYE! The landlord couldn't bill HIM for it. Once he got a death cert he could have gotten this life insurance benefit - -and washed his hands of the rest. I don't think he HAD to do anything.

I don't think making funeral arrangements for a person makes you LEGALLY obligated to settle their estate, and take care of other things after a person dies.
No legal obligation to do anything on behalf of a deceased relative unless you are legally the deceased's guardian, or you have willingly assumed a contractual obligation. Possible exception in the case of husband/wife, because there could be joint obligations.
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Old 03-12-2015, 08:45 PM
 
10,812 posts, read 8,058,272 times
Reputation: 17010
Quote:
Originally Posted by Rupertlaw View Post
So to sum this up not sure how this could have been handled better? When you don't have anything, why do you need a lawyer to draw up a will?
In most cases like you described, you don't need a lawyer to do the will and you also don't need to go through probate. Both my grandmothers died without any significant worth. They left handwritten signed and dated wills specifying who would get their personal possessions and meager cash balance.

Quote:
Originally Posted by CapnTrips View Post
No legal obligation to do anything on behalf of a deceased relative unless you are legally the deceased's guardian, or you have willingly assumed a contractual obligation. Possible exception in the case of husband/wife, because there could be joint obligations.
There are also some states with filial responsibility laws that hold heirs/family responsible for their parents' medical/caregiving bills. But in no case are they ever responsible for other debts.
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Old 03-12-2015, 08:54 PM
 
Location: Salem,Oregon
306 posts, read 337,753 times
Reputation: 853
I filed a tax return state and federal for the tax year my mom died. I read it that I needed to, it was fine both were refunds. I was the executor, listed in a will she didn't have witnesses for. It meant my brother and sisters had to sign a form and have it notarized giving their approval. We had no disagreements on any of it so it went very smoothly, the worst part was all the paperwork involved since she hadn't had witnesses sign when she wrote it. She was cremated and had requested no service so the cost was very minimal, under 1000.00
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