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.
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.