Probate/Estate Inquiry

[Towelette]

What is the name of your state (only U.S. law)? Indiana

I was given POA for someone who passed away, and then I was handed executor of his will upon his passing. I'm not related to the individual, just a friend. He had little of anything to do with his family and I have even less to do with them. He owned very little, his furniture and other small tidbits. Rented apartment, owed on his vehicle, two bank accounts that were Transfer on Death. He currently has bills that are being stacked in piles. I'm wondering what legal avenues should I take next. His "estate" is worth so little, probate doesn't seem like an option. I'm not sure what to do next, as I can't pay for his bills, I'm not family, but I keep getting them. Any help would be greatly appreciated.

Thanks.

 

[Zigner]

If you haven't been appointed by the court, then you are not "executor" - If you are not named as the Personal Representative by the court, then you can do nothing (and that might be the most wise thing).

 

[curb1]

So the best advice, "to do nothing"?

 

[Zigner]

So the best advice, "to do nothing"?

That my be the most logical option.

 

[curb1]

I agree. But going back to a previous conversation, who would be responsible for "He owned very little, his furniture and other small tidbits"? Who would clean up this situation and would it be "a crime"? This is a very common situation.

 

[Towelette]

His landlord basically asked to have all his stuff removed out of his apartment by the first or they were going to charge another months rent, so his "possessions" have been moved. Now without being made executor of the will by a legal court, I realize I'm not really the executor, although in his will all the items are stated to go to me. There seems to be nothing to form an estate out of and should I just stop trying to do anything at this point?

 

[Zigner]

I agree. But going back to a previous conversation, who would be responsible for "He owned very little, his furniture and other small tidbits"? Who would clean up this situation and would it be "a crime"? This is a very common situation.

Not the OP - OP is just "a friend"

 

[LdiJ]

Not the OP - OP is just "a friend"

Probably not a family member either. Only someone appointed by the court as executor has any responsibility to make sure that all assets are sold to pay towards the debts.

 

[anteater]

Probably not a family member either. Only someone appointed by the court as executor has any responsibility to make sure that all assets are sold to pay towards the debts.

Fortunately, the personal representative in Indiana does not incur any personal liability if the personal representative does not commence a proceeding to reclaim those Transfer on Death accounts for the probate estate in order to satisfy the creditors if the probate estate is insolvent. As long as the personal representative "... declines in good faith to commence a requested proceeding..."

 

[curb1]

I guess my question is what happens to the "stuff"? This is a very common situation. I was told in another thread that it would be a "crime" to do anything with the "stuff" without court approval. Many situations similar to this do not see a court. So, what is the OP (or a relative) do in this situation if it is a "crime" to do anything?

 

[LdiJ]

I guess my question is what happens to the "stuff"? This is a very common situation. I was told in another thread that it would be a "crime" to do anything with the "stuff" without court approval. Many situations similar to this do not see a court. So, what is the OP (or a relative) do in this situation if it is a "crime" to do anything?

Lets say someone died and had no relatives or anyone willing to take responsibility for their "stuff". What would happen is that the apartment complex would simply dispose of all of it after a certain amount of time had passed....and finance companies would repo any cars or foreclose on any real estate.

Creditors are not interested in most "stuff" anyway...ie household contents. Its not worth the time and expense for them to attempt to claim it.

 

[anteater]

I guess my question is what happens to the "stuff"? This is a very common situation. I was told in another thread that it would be a "crime" to do anything with the "stuff" without court approval. Many situations similar to this do not see a court. So, what is the OP (or a relative) do in this situation if it is a "crime" to do anything?

curb -

You are getting all undone by Zig being Zig twisting the tail of an annoying poster.

 

[curb1]

I understand. I don't fully understand who can take charge of an estate between death and probate which might be a year or more later? Who has the authority to protect the assets? If there is no probate, what is done with the small amount of assets?

 

[anteater]

I understand. I don't fully understand who can take charge of an estate between death and probate which might be a year or more later? Who has the authority to protect the assets? If there is no probate, what is done with the small amount of assets?

I give you the words of a cynical, but wise, attorney:

“Unfortunately a decedent's personal property usually goes to whomever steals it first.”


Who has the authority? Whoever has the most guns and ammunition.

 

[OHRoadwarrior]

I understand. I don't fully understand who can take charge of an estate between death and probate which might be a year or more later? Who has the authority to protect the assets? If there is no probate, what is done with the small amount of assets?

According to your inference, the bills exceed the value of assets. Therefore, the estate is in a negative equity situation. Doing nothing seems to be the appropriate response. Converting assets of the estate, to private possession is theft. Selling them to settle the estate makes no sense. Let the apartment manager deal with it, walk away with your bank accounts.