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Hello all, I hope this is the right forum for this. My question is, what is the procedure regarding a home of a deceased parent? When my last remaining parent passes away, am I allowed to go in their home and secure it, and all that is in it? How would law enforcement know it is ok and I'm not a thief or not entitled to enter? How can I prevent somebody else from entering the home?
Good! Then it would be your responsibility to secure your parent's home and the rest of the estate unless there is something in the will or trust which contradicts this. I'm not a lawyer, but I've gone through the process with my parents.
Thanks, although I'm executor I don't have the paper that says I am. I suppose I should have a copy of that piece of paper. If a person didn't have the paper at the time of death, how would they legally enter the house at that point. Of course I have a key and would probably enter, but how would law enforcement handle that, since they wouldn't know for sure that I had the legal right to enter the home?
If it was drawn up by a lawyer, he should have a copy if you can't get it from your parent. It really helps to have as much information as possible ahead of time regarding the estate. Bank accounts, car pink slips, life insurance, all of it. You have to show the will or trust documents before you can access anything from the various institutions.
If there are other inheritors, try not to pay for anything out of your own money because getting paid back can be tricky. It is your fiduciary responsibility to pay your parent's bills from their estate before any distributions are made to inheritors. This can take a while, waiting for all the bills to roll in. Also, be aware that if your parent receives social security through automatic deposit, the feds might take the last payment back (that took me by surprise!)
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What I did with my dad, and the best pro-active thing you can do is have a Durable Power of Attorney and a Medical Power of Attorney which your parent has an attorney draw up, and have it limited to when your parent becomes unable to care for themselves or make decisions (pay bills, etc) for themselves. That way you already have the protection of the law to write checks for them, and to be in their house.
Otherwise, if you are named in their will as the Executor of their estate, when your parent dies, you will need a copy of that will, and the Attorney who drew it up may "probate" a copy of it, which means filing it with the Court in your county or the Court that has jurisdiction where your parent resides or the house is located. Once the will is filed, you will need to have the Court issue you Letters Testamentary (about 15-20 certified copies), and 3-4 certified copies of the death certificate which you will use to access and/or close out the bank accounts, safety deposit boxes, and credit card accounts among other things.
The best thing to do is know who your parent's attorney is, where their will is located, and have the POA's drawn up. From there, an attorney or the Clerk of the Court can help you with the rest.
Thanks, although I'm executor I don't have the paper that says I am. I suppose I should have a copy of that piece of paper. If a person didn't have the paper at the time of death, how would they legally enter the house at that point. Of course I have a key and would probably enter, but how would law enforcement handle that, since they wouldn't know for sure that I had the legal right to enter the home?
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.
Don't forget that the POAs die when your parent dies. I didn't know this and had a problem when I was trying to get my Mom's jewelry out of her safety deposit box at the bank to wear for her viewing. Obviously the will had not been probated yet, and I wasn't named as a co-signer on the box. Somehow the bank had a way of knowing she was deceased and my POA was no good at that point.
Also, since I was the only child and sole beneficiary and my Mom had no assets besides her house and car, I didn't have to file probate. It would have cost me more money ($250) than she had in the bank. I just had to produce the will and her death certificate for closing out the utilities, transferring the car to my name, etc.
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