• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No will. Where do we start?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wad2k2

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?New York

My wife just found out that her father is dying from cancer and has no will. He had a total of 3 children. Two older boys who were from wife’s mother’s previous marriage and the third is my wife who is his natural child. He and my wife’s mother got divorced when wife was around 16 and her brothers were much older. The only other relative he has is a brother who lives in a different state. After the divorce her father chose not to have much contact with anyone. My wife has attempted to have some sort of relationship with her father over the last 10 years but other than an occasional dinner with him, she has not had much success. He simply became a "loner". Now her uncle(father's brother) came to visit and met with her father and that is how we found out about his current condition. Her uncle also informed her, that her father has no will and has no intention of making one. Sadly,it sounds like he only has a month or two left.

Now, not only is my wife trying to cope with the emotional side of this situation, she is also concerned about what will become of the estate after he passes and what/who will have to take care of it?

From what we know, the value of the estate is very small. He rented an apartment, so there is no real estate. He does own a truck which can't be worth more than $7K. He does collect a pension from his former employer(beneficiary unknown). As far as any type of insurance policy, no one has any idea if he has one. According to the uncle, her father cashes his monthly check and keeps his money at home, so we don't think there are any bank accounts. He may own the government money for back taxes and this may be the reason he does this. We can't think of anything else, aside from personal property, that he might have.

With that said, my wife still feels like she should be entitled to something, if there is anything in the estate. She feels that because her father never payed child support or helped pay with her schooling, if anyone is entitled to anything, it should be her. Also, becasue she is his only natural child.

Soon the day will come when we get the phone call informing us of his passing. Because of the strained relationship between her and her father, there is no doubt my wife will be a "basket case" when she gets that call. .

We have no idea where to begin when that day comes. Where do we start?Some of the questions we have been asking ourselves are:

Who legally handles the arrangements for the body/cremation?

Who should be the one to contact a lawyer?

How do we find out for sure that there is in fact no will?

Who can legally go through his apartment to find out any information about his pension, insurance, bank account, cash on hand, etc?

I'm assuming whatever personal property, including the truck, will have to be sold at an estate sale. Who handles all of that?

Is there any Social Security money that would be part of the estate?

If in fact, he does own the government money for back taxes, how do we find out? And can they take what little there is or will the lawyer be taking it all?

I'm sure there will be many more questions in the weeks to come. Can or should anything be done now? Any advice during this difficult time would be greatly appreciated.
 


BlondiePB

Senior Member
Who can legally go through his apartment to find out any information about his pension, insurance, bank account, cash on hand, etc?
Only a Legal Representative can legally go through his apartment.

Unfortunately, your father-in-law appears not to have made provisions for his demise. A Probate Attorney can answer a lot of your questions. Since your FIL is terminal, his ability to now make Estate papers is compromised.

In the NY Probate Codes, you'll find more info about decedent's who die intestate. Social Security paid for the month the beneficiary dies is not returned unless the person dies very, very early in the month (i.e. on the 1st or 2nd). You can call SS to verify exactly the day of the month.

Most of all, an intestate decedent is entitled to have final arrangements taken care of by his/her estate when the arrangements have not been taken care of prior to death.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top