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Sheketechad

Junior Member
What is the name of your state (only U.S. law)? TN

My fiance died last week while I was out of state with no will. The police took several items from our home (cameras, cell phone, wallet, laptop, etc.) but would not release them to me as I am not legal next of kin. He is estranged from his family, so I contacted his mother in another state, who is waiving her position as next of kin so that I can be named personal representative, just to be able to retrieve his personal effects. I have already paid for his funeral expenses out of my own pocket.

He owns nothing (except personal effects) - no car, no real estate, no CD's, nada.
He has no insurance (Acc Death policy, but we have no cause of death yet and it probably won't be ruled accidental)
He was not employed; he did occasional contract work for cash.

He owes lots of debt from years back, and did not pay his taxes last year.
I discovered that e has a small 401K from his former employer (under 3K) The funeral expenses were nearly half much.

If I become personal representative, if I understand the responsibilities correctly, I am responsible for settling debts, filing taxes, paying past due taxes, notifying car insurance company,etc. of his death. He has no money that I am aware of, except the cash on him at his death. If I read correctly, I PERSONALLY can be held liable for the taxes and such that he did not pay.
So before I take on this responsibility, can someone point me in the right direction for what obligations I am assuming just so that I can pick up his things from the police department? Since foul play was not suspected, I'm not even sure WHY they have them, but that's another story.

I'd like to give the 401K money, less funeral expenses, to his disabled sister, but I'm not sure that I can do that legally if he owes back taxes. I am prepared to not be repaid for the funeral, it is what it is. But I would like to give something to his sister.

Is there perhaps another position other than personal representative that will allow me to retrieve his things without becoming a full blown legal representative?
Thanks in advance for your assistance.
 


JETX

Senior Member
If I become personal representative, if I understand the responsibilities correctly, I am responsible for settling debts, filing taxes, paying past due taxes, notifying car insurance company,etc. of his death. He has no money that I am aware of, except the cash on him at his death.
As personal representative for his ESTATE, you would be responsible for several things, including managing any assets and using those assets to pay creditors, bills, etc. and the PROPER and LEGAL disposition of his assets. Since you have no LEGAL standing, you have no rights of inheritance of ANY property of his estate.
In fact, absent permission from the court, you have NO right to be reimbursed for his funeral expenses.

If I read correctly, I PERSONALLY can be held liable for the taxes and such that he did not pay.[/qutoe]
Unless your name is on the accounts as an applicant or co-applicant, you have NO liability to pay his bills.

So before I take on this responsibility, can someone point me in the right direction for what obligations I am assuming just so that I can pick up his things from the police department?
This is not going to be easy... or quick. You have NO legal right to his property. The only way to get that 'right' is to have the court appoint you as his personal representative (executor), and even then you have no OWNERSHIP rights. As PR, you would be responsible for handling and settling his estate.... from the estate assets.

I'd like to give the 401K money, less funeral expenses, to his disabled sister, but I'm not sure that I can do that legally if he owes back taxes. I am prepared to not be repaid for the funeral, it is what it is. But I would like to give something to his sister.
You can't. The law is very specific on the distribution of estate assets without a will, called 'intestate succession'.

Is there perhaps another position other than personal representative that will allow me to retrieve his things without becoming a full blown legal representative?
No.

You really REALLY need to read and understand the Tennessee laws on estates and personal representation.
A decent site with information can be found at the following link. Be sure to read the information linked in the box on the right:
An Overview Probate and Estate Administration in Memphis, Tennessee
 

Sheketechad

Junior Member
Thank you JETX, for your concise reply, and for doing so promptly. I am already reviewing the laws and procedures for TN, and will come back to ask questions if and when I have them.

On a more personal note, it might be nice if you could be a little more gentle in your responses, like prefacing them with "I'm sorry for your loss" or something. It's hard enough to lose the man I've loved for fifteen years, and yeah, I know LEGALLY I am nothing in the eyes of state, government, and whatnot. It doesn't change the emotional investment involved. I know you're not a grief counselor and that your focus is the legal aspect, but just thought I'd send a little reminder that while we may be trying to deal with the legal aspects, many of us are also in an emotionally tender spot and a li'l softness goes a very long way :)

Thanks again for your guidance.

SE
 

JETX

Senior Member
On a more personal note, it might be nice if you could be a little more gentle in your responses, like prefacing them with "I'm sorry for your loss" or something.
I agree.... but this is NOT the oprah or Dr Phil website. This is a legal advice forum.... and I gave you legally accurate advice.
 

Sheketechad

Junior Member
JETX,

Thank you for the good advice. So far I have managed to navigate the road of PR successfully, keeping the family fully informed and taking care of small things as they arise. I opened an estate account at the local bank and placed all known funds into that account. I had no idea that there was so much paperwork involved with dying, especially dying intestate. It surely cleared my vision and I executed my will and living will last week and sent it off to a safe deposit box with notification to the executor and alternate executor. Losing a loved one is painful enough; the additional paperwork and headaches with an intestate person is just terribly time consuming and frustrating and compounds the grief. I don't want to do that to my family!

Just thought I'd give you thanks for steering me in the proper direction and saving me from making any serious fiduciary errors.

~SE
 

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