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Complicated....

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Puzzled&Concern

Junior Member
IN Tennessee my cousin recently passed away unexpectedly for 3 days NO ONE claim his body at the hospital. So I went to TN claim and release his body to the funeral home and had all taken care of. suddenly out of the blue his "sister" (I never knew and hard to prove if she is) decided to take over and I backed off. During the consulting with the funeral director she also found out she is not on his life insurance and 401K she sudden had a change of heart and refused to do anything with his brother. I step back in and took care of it...Sigh..Not a pretty sight when she shows her "true colors". She is the ONLY next of kin then me next in line. She told everyone she do not want any of his "personal belongings"... Now I called the County Clerk to see if he made any wills and the answer is no. Now the landlord wants ALL of his belonging out of his rental home as soon as possible. I need to know what can I do to protect myself is she changes her mind? What do I do and what kind of paperwork I can go to fill out to have the assets (belongings) to me? Thanks~
 


C

commentator

Senior Member
So he HAS life insurance and 401K's and she's not on them, or he doesn't have any? If there is no estate to speak of except his personal belongings, then I think the clerk's office will tell you there's no paperwork that needs to be filed before you deal with the funeral home and those personal belongings. As far as her coming back at you, I gather there IS money, from a 401K or life insurance, and you're inheriting? Else why would she be interested? I handled the final affairs of a very poor deceased person in TN recently, and nothing was required to be filed and no complications ensued.
 
Ohiogal

Ohiogal

Queen Bee
Puzzled&Concern said:
IN Tennessee my cousin recently passed away unexpectedly for 3 days NO ONE claim his body at the hospital. So I went to TN claim and release his body to the funeral home and had all taken care of. suddenly out of the blue his "sister" (I never knew and hard to prove if she is) decided to take over and I backed off. During the consulting with the funeral director she also found out she is not on his life insurance and 401K she sudden had a change of heart and refused to do anything with his brother. I step back in and took care of it...Sigh..Not a pretty sight when she shows her "true colors". She is the ONLY next of kin then me next in line. She told everyone she do not want any of his "personal belongings"... Now I called the County Clerk to see if he made any wills and the answer is no. Now the landlord wants ALL of his belonging out of his rental home as soon as possible. I need to know what can I do to protect myself is she changes her mind? What do I do and what kind of paperwork I can go to fill out to have the assets (belongings) to me? Thanks~
Click to expand...
If there is no will, probate court will make determinations based on intestate succession. You need to file in probate court and they will determine who is to receive anything. If she is his sister -- most likely her. HOWEVER, the 401k/life insurance would pass to whoever the named beneficiaries are.
 
P

Puzzled&Concern

Junior Member
commentator said:
So he HAS life insurance and 401K's and she's not on them, or he doesn't have any? If there is no estate to speak of except his personal belongings, then I think the clerk's office will tell you there's no paperwork that needs to be filed before you deal with the funeral home and those personal belongings. As far as her coming back at you, I gather there IS money, from a 401K or life insurance, and you're inheriting? Else why would she be interested? I handled the final affairs of a very poor deceased person in TN recently, and nothing was required to be filed and no complications ensued.
Click to expand...
Yes he has life insurance and no I am not on any of them... All they wanted was his money but not his personal belongings... So what to do with the "personal belongings" if any of his family abandon it and I am the 1st cousin and the landlord been contacting me to get rid of the belongings.... That's why I needed to know what should I do?
 
Zigner

Zigner

Senior Member, Non-Attorney
Puzzled&Concern said:
He does have some bunch of tools I would like to have so that's the thing... Am I allowed to removed it if no family members want it?
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They belong to his estate. You can't just go in and loot it. If you want "the stuff" then you must follow "the rules"
 
LdiJ

LdiJ

Senior Member
Puzzled&Concern said:
Thanks... What I'm gonna do is sit back for 2 weeks and see if anyone claims it if not then I will file probate. Thanks Ya'll for the help!
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The stuff may be gone in two weeks if the landlord wants the things gone. I would recommend clearing everything out and putting it into storage until the situation can be resolved. That way you will preserve the assets and make the landlord happy at the same time.
 
P

Puzzled&Concern

Junior Member
LdiJ said:
The stuff may be gone in two weeks if the landlord wants the things gone. I would recommend clearing everything out and putting it into storage until the situation can be resolved. That way you will preserve the assets and make the landlord happy at the same time.
Click to expand...
Hmm that's true.... OK thanks for another advice!
 
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