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Old 05-14-2022, 08:48 AM
Status: "Nothin' to lose" (set 12 days ago)
 
Location: Concord, CA
7,188 posts, read 9,322,724 times
Reputation: 25651

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My wife has a sister who recently was killed in a T-Bone car accident.

The situation: That sister was a true narcissist who had alienated her entire family. They all hated her. All her life, she was a vindictive parasite.

One of the siblings got access to that sister's condo and found the will. The entire estate was willed to the humane society. The person (a "boyfriend") named as executor was surprised by that and wants nothing to do with it. He refuses to do anything.

None of the siblings want anything to do with the dead sister. Meanwhile, she's on a slab in cold storage.

I advised the sister with condo access to contact an Estate Attorney in that county for advice. I'll guess the estate is worth about $200K. I'd guess he could extract his fees from that.

What would you do in this situation?
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Old 05-14-2022, 11:58 AM
 
6,003 posts, read 3,736,069 times
Reputation: 17088
Quote:
Originally Posted by Vision67 View Post
My wife has a sister who recently was killed in a T-Bone car accident.

The situation: That sister was a true narcissist who had alienated her entire family. They all hated her. All her life, she was a vindictive parasite.

One of the siblings got access to that sister's condo and found the will. The entire estate was willed to the humane society. The person (a "boyfriend") named as executor was surprised by that and wants nothing to do with it. He refuses to do anything.

None of the siblings want anything to do with the dead sister. Meanwhile, she's on a slab in cold storage.

I advised the sister with condo access to contact an Estate Attorney in that county for advice. I'll guess the estate is worth about $200K. I'd guess he could extract his fees from that.

What would you do in this situation?
If the family disowned the woman, then why should they do or expect anything? It seems pretty clear that the dead woman wanted her assets to go to charity, so why should the family try or expect to get anything since they had disowned her? Leave it up to the boyfriend since he was named as the Executor. The family had already made it clear that they want nothing more to do with her, so why should they now try to get her assets that she left to the humane society?

Or perhaps your wife is saying that while they wanted nothing more to do with her sister, they would gladly accept her money. Kind of sounds like a money-grubbing family to me to want nothing to do with a family member while she's living, but expect to get her assets when she dies.
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Old 05-14-2022, 12:23 PM
 
373 posts, read 310,755 times
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Quote:
Originally Posted by Chas863 View Post
If the family disowned the woman, then why should they do or expect anything? It seems pretty clear that the dead woman wanted her assets to go to charity, so why should the family try or expect to get anything since they had disowned her? Leave it up to the boyfriend since he was named as the Executor. The family had already made it clear that they want nothing more to do with her, so why should they now try to get her assets that she left to the humane society?

Or perhaps your wife is saying that while they wanted nothing more to do with her sister, they would gladly accept her money. Kind of sounds like a money-grubbing family to me to want nothing to do with a family member while she's living, but expect to get her assets when she dies.
I didn't see anywhere that they want her money. Just asking a question about next step. I could be missing something.

OP

The siblings don't have to do anything unless something comes back on them. The funeral director, executor, lawyer, IRS and CPA are the only ones that would like to see it get probated, because they would earn money
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Old 05-14-2022, 12:30 PM
 
2,479 posts, read 2,214,182 times
Reputation: 2277
Default Depends on the Will

Quote:
Originally Posted by Vision67 View Post
My wife has a sister who recently was killed in a T-Bone car accident.

The situation: That sister was a true narcissist who had alienated her entire family. They all hated her. All her life, she was a vindictive parasite.

One of the siblings got access to that sister's condo and found the will. The entire estate was willed to the humane society. The person (a "boyfriend") named as executor was surprised by that and wants nothing to do with it. He refuses to do anything.

None of the siblings want anything to do with the dead sister. Meanwhile, she's on a slab in cold storage.

I advised the sister with condo access to contact an Estate Attorney in that county for advice. I'll guess the estate is worth about $200K. I'd guess he could extract his fees from that.

What would you do in this situation?
a
The Will speaks at death. If there is no mention of her relations, a normal probate will occur following the Will. Unless of course she was incompetent.
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Old 05-14-2022, 12:30 PM
 
12,905 posts, read 15,662,473 times
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First off, and depending on the state, was her will ever filed or prepared properly, or just something she did on the internet? My father-in-law died with a will in his house but it was not properly executed (nor was it ever filed with an attorney or in the local courthouse) so essentially he died without a will.

We did take the will to the probate court and they verified it enough to see his 'intentions' but essentially he died without a will. All 3 children were appointed co-executors (that was fun) and there were specific things to be done with the estate.

The sister that found the will, just needs to go to the courthouse and figure out if the will is legit. If so, she notifies the court that the sister has died and walks away. If it's not a legitimate will, she dies without one and the county/state will appoint an executor if no one steps up. That executor could take 5-6% of the estate value for the fee. Depending on what state she died in, the condo may not even be part of the will an go directly to the next of kin. That's what happened with us when the father in law passed.
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Old 05-14-2022, 02:03 PM
 
Location: on the good ship Lollipop
740 posts, read 473,535 times
Reputation: 2645
Location:CA

How Probate Laws Work in California
https://probateadvance.com/california-probate-laws/

Wills, Estates, and Probate
https://www.courts.ca.gov/8865.htm?rdeLocaleAttr=en
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Old 05-14-2022, 05:04 PM
 
Location: Pennsylvania
30,531 posts, read 16,226,596 times
Reputation: 44425
I'd get in touch with the lawyer and ask what to do about the body. My sister died in Texas and I realize laws are different but they charged her estate a storage fee. Per day. If that's the case in CA she may not have anything left.


Find out the cheapest way to dispose of the body which will probably be cremation and tossing the ashes if that's legal there.
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Old 05-14-2022, 07:33 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,789,103 times
Reputation: 15130
Sounds like what will happen in my family. Younger sister finally got enough and no longer talks with me or older sister

Now older sis IS money grubbing. Personally I'd simply tell her "You deal with it" if such should ever occur. I don't really care for a nickel from younger sister. Not going to worry if she tries to steal from the estate, I'd be VERY surprised if she doesn't

I'd suggest you leave it to sister with access. That's her headache, not yours
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Old 05-14-2022, 07:36 PM
 
Location: on the wind
23,310 posts, read 18,852,325 times
Reputation: 75342
Quote:
Originally Posted by Vision67 View Post
My wife has a sister who recently was killed in a T-Bone car accident.

The situation: That sister was a true narcissist who had alienated her entire family. They all hated her. All her life, she was a vindictive parasite.

One of the siblings got access to that sister's condo and found the will. The entire estate was willed to the humane society. The person (a "boyfriend") named as executor was surprised by that and wants nothing to do with it. He refuses to do anything.

None of the siblings want anything to do with the dead sister. Meanwhile, she's on a slab in cold storage.

I advised the sister with condo access to contact an Estate Attorney in that county for advice. I'll guess the estate is worth about $200K. I'd guess he could extract his fees from that.

What would you do in this situation?
A named executor can refuse to serve. The sister who happened to have access to the condo can refuse too. Why should she be saddled with any of this? If no one else is willing to step up to serve, the probate court would appoint an executor who would distribute the estate as the will directs. Of course that's assuming the will meets the requirements of that state (it might need notarizing or witnessing) and is recognized as valid. It might not be. If the will isn't accepted, the court could rule that she died intestate. State inheritance law would then dictate how the assets are distributed. Heirs named by the court could also refuse to accept any of her assets. Legal fees all this generates would probably be paid out of the assets.

Last edited by Parnassia; 05-14-2022 at 07:52 PM..
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Old 05-14-2022, 07:51 PM
 
6,003 posts, read 3,736,069 times
Reputation: 17088
Quote:
Originally Posted by dallasdean View Post
I didn't see anywhere that they want her money. Just asking a question about next step. I could be missing something.

OP

The siblings don't have to do anything unless something comes back on them. The funeral director, executor, lawyer, IRS and CPA are the only ones that would like to see it get probated, because they would earn money
Would you actually expect someone to say that their only interest in the situation is the "money"????

It seems to me from "reading between the lines" that money is the ONLY issue. Otherwise, why even bother to post on this forum and ask about it? The sister was alienated from the rest of the family. She died in an automobile accident, and according to her will (which may or may not be valid), she is leaving everything in her estate to charity.

So what's the purpose of the post if not to ask "Who gets the money"???? What else is there about the situation to even discuss? Oh, and the fact that the OP just happens to mention that the estate is worth about $200K is also a good clue as to what their real interest is in the matter.
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