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Do you anticipate some sort of problem, like someone calling police if you enter the home? Otherwise, if you have a key and it's your parents' home, I can't see the police demanding to see the will that names you executor.
No I don't expect any problems or a mad dash to run away with items. I was curious what the process was and didn't want to be clueless when the time came.
Thanks for ALL the replies everybody. They have all been very helpful and I think I have a better idea of what needs to be done.
No I don't expect any problems or a mad dash to run away with items. I was curious what the process was and didn't want to be clueless when the time came.
Thanks for ALL the replies everybody. They have all been very helpful and I think I have a better idea of what needs to be done.
But on the other hand, that CAN be a problem. I can't tell you how many times I have heard that siblings had arguments because someone went in to the house and took some items. Hopefully if you have siblings, the will spells out very clearly who gets what, so there is no drama afterward.
The rules about wills, probate, executors, etc. are different in different states. You need to find out how to proceed in your own location. Also, the stipulations of your parents will may be complex or simple. As someone mentioned earlier, you need to look at the will or trust, if your parents had such. Did your parents have a lawyer? If so, I would suggest consulting with him/her. If not, you may wish to find your own lawyer to work this out. My personal experience is that the best way to find a lawyer is to get a referral from a friend who has used a lawyer for similar services. Did either of your parents die while under hospice care? Some will offer free grief counseling and may help you to go in the right direction with these matters. I doubt that there is any problem with going into your parents' home to take care of it, access estate papers, etc.
If the OP has siblings, I believe that legally the eldest son is the decision maker, or eldest daughter, if there are no sons. So if OP does not fall into that category, she should have the paperwork handy that shows she is executor.
If the OP has siblings, I believe that legally the eldest son is the decision maker, or eldest daughter, if there are no sons. So if OP does not fall into that category, she should have the paperwork handy that shows she is executor.
Maybe in the Old Testament, not now. The executor makes the decisions and they don't have to be related.
Your post said "When my last parent passes away." That implies that at least one of your parents is still alive. If he/she is still competent, this is the time to talk about where the paper work is, if it exists, who is the executor, etc. The more you prepare for this, the better off you will be when the time comes.
Location: West of the Catalinas East of the Tortolitas
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Originally Posted by gentlearts
I said, she'd need the paperwork. It is far from old testament. It is the way the system operates unless there are instructions otherwise.
I've never heard of this. My executor is my Accountant, and I have four kids. The person making the will can choose whomever they want to be their executor, and they can even have co-executors. The executor can be a child, brother, sister, parent, aunt, uncle, cousin, niece, nephew, accountant, attorney, or the guy down the street........anyone who will be fair, good with money, responsible, and not get involved in the drama of settling the estate.
Oftentimes, if someone making a will knows that there will be lots of drama, back-stabbing, cheating, lying, etc., they'll choose their attorney, accountant, or a trustee of their bank to be their executor so no favoritism is shown. It's especially important to choose an outside executor if there is an adult child who is left out of your will, even though they'll probably get something of a handout from one of the siblings who inherits from the will, despite your best efforts to exclude the black sheep.
If no executor is designated in the will, the Probate Judge will appoint someone, usually a bank trustee.
Location: West of the Catalinas East of the Tortolitas
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Quote:
Originally Posted by gentlearts
If the OP has siblings, I believe that legally the eldest son is the decision maker, or eldest daughter, if there are no sons. So if OP does not fall into that category, she should have the paperwork handy that shows she is executor.
There is no jurisdiction in the U.S. where that is a law. It may be a family or cultural tradition, but it is definitely not a law.
OP should talk to an attorney and his last living parent in the state the parent lives in now before that parent dies. OP must be very young.
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