Sister died two weeks ago no will 2 minor children........

[suertex10]

What is the name of your state?California

My 39 year old sister died on May 10, 2005. She has been married and divorced three times and was living with her boyfriend at the time of her death with one of her two children, a son who is 9. Her second exhusband has custody of her 13 year old daughter.

My sister had no will or anything in writing at all, she wasn't the most organized person, so looking for paperwork in her home has been difficult. She has two life insurance policies which we can not find policiy numbers for as of yet. I paid for her funeral, and my mother is taking charge of her "estate". Does my mother need to go to court and have herself officially declared in charge of my sisters estate or is it enough that my mother is the next of kin? My sister doesn't have much, she didn't own property, and the life insurance policies we are guessing are under $100,000. She owned three cars and her boyfriend already sold one and signed her name to the pink slip. My mother is waiting for my sisters State Tax return check, can that money be used to reimburse me for her funeral costs. Does such a small estate need to go into probate?

What roll could her exhusband play in all of this since he has custody of her daughter?

Any advise would be appreciated.

Thank you

 

[BelizeBreeze]

What is the name of your state?California

My 39 year old sister died on May 10, 2005. She has been married and divorced three times and was living with her boyfriend at the time of her death with one of her two children, a son who is 9. Her second exhusband has custody of her 13 year old daughter.

My sister had no will or anything in writing at all, she wasn't the most organized person, so looking for paperwork in her home has been difficult. She has two life insurance policies which we can not find policiy numbers for as of yet. I paid for her funeral, and my mother is taking charge of her "estate". Does my mother need to go to court and have herself officially declared in charge of my sisters estate or is it enough that my mother is the next of kin?

Yes, your mother, you or someone needs to file as executor of the estate.

My sister doesn't have much, she didn't own property, and the life insurance policies we are guessing are under $100,000.

The life insurance policies do not pass through probate unless a beneficiary is not named. HOWEVER, the insurance company will unlikely release information without an executor being named. That's why the answer to the above question.

She owned three cars and her boyfriend already sold one and signed her name to the pink slip.

Then get a copy of the title and if his name does not appear call the police.

My mother is waiting for my sisters State Tax return check, can that money be used to reimburse me for her funeral costs.

At this time, no. When the estate is opened then yes.

Does such a small estate need to go into probate?

If you want to be reimbursed your costs then yes.
What roll could her exhusband play in all of this since he has custody of her daughter?

That depends entirely on what, if anything, the insurance policies stipulate as to beneficiary. Open the estate THEN worry about the rest of it.

Any advise would be appreciated.

Thank you

You're welcome.