I've been talking with DD and her BFF about things. Mom was still legally married to her step dad. Her husband left her 8 years ago. He went off to work one day like normal and by the end of the day they realized her had taken all his belongings. So now there's no will, no power of attorney, nothing in writing. The mom really doesn't have any money, she does have a bank account with a few bucks in it. The house is in the grandparent's name but she does have a car. The grandparents and brothers really aren't helping so it's up to a few older adults to advise her. I told her not to touch anything such as her debit card or her credit card with mom's name on it. The "husband" is in another state, he knew she was ill. There was word that he had a life ins policy on her. If he bought that after she became ill it's void, right?
I've been talking with DD and her BFF about things. Mom was still legally married to her step dad. Her husband left her 8 years ago. He went off to work one day like normal and by the end of the day they realized her had taken all his belongings. So now there's no will, no power of attorney, nothing in writing. The mom really doesn't have any money, she does have a bank account with a few bucks in it. The house is in the grandparent's name but she does have a car. The grandparents and brothers really aren't helping so it's up to a few older adults to advise her. I told her not to touch anything such as her debit card or her credit card with mom's name on it. The "husband" is in another state, he knew she was ill. There was word that he had a life ins policy on her. If he bought that after she became ill it's void, right?
The life insurance policy - it will depend on when he got it, if he lied when he got it, and it will be up the insurance company to decide. That's not a probate issue, and not anything anyone else can deal with unless they are asked by the insurance company.
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LawyerLady
I can explain it to you, but I can't understand it for you.
BFF's BF's mom is a paralegal so she and her boss are supposed to be doing what they can but this guy is more of an accident and injury lawyer. We are more worried about hubby showing up and trying to take stuff. He is many states away but his kids from his previous marriage still live here. The locks have been changed and the neighbors across the street can be there quickly if he shows up and tries to cause problems.
BFF's BF's mom is a paralegal so she and her boss are supposed to be doing what they can but this guy is more of an accident and injury lawyer. We are more worried about hubby showing up and trying to take stuff. He is many states away but his kids from his previous marriage still live here. The locks have been changed and the neighbors across the street can be there quickly if he shows up and tries to cause problems.
You need to talk to an estate attorney. I don't even know if there is enough there to worry about a probate. The house was not in her name, so why would he have any right to enter it?
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LawyerLady
I can explain it to you, but I can't understand it for you.
You need to talk to an estate attorney. I don't even know if there is enough there to worry about a probate. The house was not in her name, so why would he have any right to enter it?
In his little douche head mind he thinks he has the right.
You need to talk to an estate attorney. I don't even know if there is enough there to worry about a probate. The house was not in her name, so why would he have any right to enter it?
In his little douche head mind he thinks he has the right.
He's been gone 8 years. He has no idea what she personally owned. She lived in someone else's house. Personal property like clothes and furniture is not a reason to probate an estate. And even if she IS married, without a will, he is not her sole heir - the kids are entitled to share in her estate by law.
Is the car paid for? If not, let it sit in the driveway and get repossessed.
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LawyerLady
I can explain it to you, but I can't understand it for you.
You need to talk to an estate attorney. I don't even know if there is enough there to worry about a probate. The house was not in her name, so why would he have any right to enter it?
In his little douche head mind he thinks he has the right.
He's been gone 8 years. He has no idea what she personally owned. She lived in someone else's house. Personal property like clothes and furniture is not a reason to probate an estate. And even if she IS married, without a will, he is not her sole heir - the kids are entitled to share in her estate by law.
Is the car paid for? If not, let it sit in the driveway and get repossessed.
Car is paid off. It's probably 7 years old so it's still in good condition and has some value. He did come to town about 2 months ago and was in the house. It was obvious then how sick she was. I'm wondering if that's when he got the life insurance policy.
At the very least, DD's BFF should contact the insurance company and explain the situation letting them know he bought policy after he knew she was sick. It could cause him pain in trying to collect.
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Sometimes you're the windshield, and sometimes you're the bug.
Most states have a way to transfer a vehicle without probate, but they will have to agree and sign an affidavit. As her husband, he is entitled to something.
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LawyerLady
I can explain it to you, but I can't understand it for you.
At the very least, DD's BFF should contact the insurance company and explain the situation letting them know he bought policy after he knew she was sick. It could cause him pain in trying to collect.
Apparently some info on the death certificate is incorrect , her birth date for one thing, so maybe that would make it harder for him to make a claim. We don't know who the policy is with.
Most vehicle titles are held as "or". Meaning Joe or Mary Smith. So only one person needs to sign to transfer title. If dying mother is on the title, she can transfer it now before estranged husband knows what hit him. Do a bill of sale and transfer title.
At the very least, DD's BFF should contact the insurance company and explain the situation letting them know he bought policy after he knew she was sick. It could cause him pain in trying to collect.
Unfortunately the Insurance policy is probably legal. But it is more than likely less than $100,000. Anything over that amount usually triggers a medical exam. Some carriers only require an obituary, not a death certificate.
Anyone can take out a policy on someone else and be the owner of the policy. The face amount of the policy is what triggers underwriting which can trigger a medical exam.
I agree with FNW - it she's still alive, she just needs to give everything away.
She passed Tuesday.
That's what I thought.
OK - I'm going to be a little harsh for a minute. This man is her husband, he has legal rights. It sounds like she left a mess b/c she couldn't be bothered to do anything - make a will or get a divorce. And here's the thing, even WITH a will, you can't disinherit a spouse completely. She needed to get a divorce, or a legal separation if that was available in your state. Because she didn't, he still has rights. The children have rights, too, but now the question is - how much trouble is this worth?
If anyone is on the bank account with her, they get the money. The grandparents own the house, they can simply lock the doors - no one knows what they own vs. her. The car is an issue, BUT, funeral expenses are first priority. Open a probate to administer the estate, sell the car and have a yard sale for the personal property and pay for the funeral. He doesn't get anything if there is nothing to get. But, she has to do it FIRST. They can file competing petitions, but he's been gone 8 years.
Or, the other option, and one that might be good for her wellbeing - walk away. We're not talking about a big estate here. Take a few items of personal property and walk away and be done.
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LawyerLady
I can explain it to you, but I can't understand it for you.
The daughter will stay there. The house is in such disrepair. The mom wasn't right in the head for a long time due to the cancer and the grandparents acted like nothing was wrong. The daughter hasn't worked in years due to caring for mom. I had told her on more than one occasion that she needed to just leave. Maybe then the rest of the family would have helped. I'm standing back a little to see if the family helps fix things as they promised. If not I will do a few things I feel are needed most.
The daughter will stay there. The house is in such disrepair. The mom wasn't right in the head for a long time due to the cancer and the grandparents acted like nothing was wrong. The daughter hasn't worked in years due to caring for mom. I had told her on more than one occasion that she needed to just leave. Maybe then the rest of the family would have helped. I'm standing back a little to see if the family helps fix things as they promised. If not I will do a few things I feel are needed most.
If the daughter lived there in the grandparents house with mom, and still does, the husband doesn't just get to come in. Call the cops if he tries.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I kinda yelled at the family. They were worried about getting him a death certificate so he could marry his girlfriend. I said DON'T GIVE HIM ANYTHING. HE CAN GET IT HIMSELF!
I kinda yelled at the family. They were worried about getting him a death certificate so he could marry his girlfriend. I said DON'T GIVE HIM ANYTHING. HE CAN GET IT HIMSELF!
Why are they so concerned about him and what he does? So what if he remarries? So what if an insurance company is stupid enough to give him money. Those things have nothing to do with them.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I kinda yelled at the family. They were worried about getting him a death certificate so he could marry his girlfriend. I said DON'T GIVE HIM ANYTHING. HE CAN GET IT HIMSELF!
Why are they so concerned about him and what he does? So what if he remarries? So what if an insurance company is stupid enough to give him money. Those things have nothing to do with them.
I guess i am not understanding what the real concern is here? It doesn't sound like there is anything to fight over. And, if it was his legal wife, i would presume he is allowed to have a copy of her death certificate. He would need that if he does have an insurance policy. But, no, they don't need to do anything in particular to help him. He can figure that out for himself. And, he can probably just request one himself from the funeral director or State and he will have to pay the $8 or whatever it costs to get one.
