Death Benefit

[Grammari]

I was Power of Attorney for a dear aunt, who left her estate to me via a joint bank account, beneficiary deed and a signed car title. The POA was on file with them, so they had mailed her monthly check deposit to my address, etc. and when I notified her former employer (in CA) about her death, I was sent a packet of papers to complete. I have recently received a 'second notice' packet, because I have avoided doing this. The death benefit paper named: 'ESTATE' as the beneficiary.

I was the ONLY one who showed that I cared for her, by visiting, transporting, shopping, cleaning and cooking for her for the past several years. My name was on her bank account and I saw to it that her bills were paid and that her home was maintained. I paid the funeral and cemetery expenses and all final bills, albeit from our joint account.

By the information I am asked for on the papers to file for the death benefit, I feel I have been asked to hunt down the names, addresses, etc. of all her relations, other nieces, nephews, cousins and their status would enable them to receive an equal sharing of the small death benefit.

I am considering marking UNKNOWN as to whether there are relatives other than myself, since I am quite certain there is no one who would ever protest.......they had not even seen her in years! What if I don't do anything? I would rather forfeit the amount, rather than list others as on an equal relative level when they never showed an interest in her. Only two attended her funeral, though perhaps ten live within 25 miles! The death benefit is less than $1,000 and I am prepared to let it stay with the state of CA, if I am required to share it with obscure cousins, etc. Would submitting copies of the deed to her property, naming me as the beneficiary or notarized statements from several of her friends stating that my aunt had told them I was to receive everything, make a difference? Please advise. Thank you kindly.

[Edited by Grammari on 05-31-2001 at 04:36 PM]

 

[advisor10]

MAY 31, 2001

DEAR GRAMMARI:

(1) The main question you have left unanswered is: Was there a will and was it submitted to probate court?

(2) If there was no will, was there an "administration of the estate" (means the same thing as a will, when there wasn't one) where someone assumed the responsibility of officially paying her bills and funeral expenses and taxes, and submitting a report of this to the probate court? If there was an administration of the estate, that person would have received official papers authorizing them to be the "personal representative" for the estate, with the legal authority to conduct all business affairs for the decedent.

What you are unaware of is that the POWER OF ATTORNEY expires the day that your aunt died.

Financial institutions need to see official papers from the court (that authorize you to be executor or personal representative) before they can legally release funds to you.

You did not say how long ago your aunt died, but if it is not longer than 10 years ago, then you need to go ahead and file a petition with the court (of the county courthouse where your aunt died) to be executor or personal representative of her estate and also pay filing fees. Consult with a local California probate about the fee for this (I think it is relatively inexpensive, probably less than $200-$300).

After you receive your official papers from the court, you can send the company a copy of your executor authorization and they will send you the check, which you can cash the check and spend it any way you wish, with no need to conduct an heir search, but make sure you also get an affidavit (signed statement) from 1-2 friends that mentions it was your aunt's intention for you to receive everything.

SINCERELY,

[email protected]

 

[Grammari]

The employer 'death benefit' listed ESTATE as the beneficiary. There were no other remnants to the estate.

My aunt passed away approx. six months ago. There was no will, no 'administration of the estate' and no probate. I had acted in the capacity of her 'personal representative' for more than two years prior to her death, but never had a legal title, other than her POA. I was aware that the 'POA' expired at her death. I was the ONLY person who had EVER acted on her behalf; medically, financially, or otherwise. There was no one else to pay her bills, including funeral and final expenses.....except me.

My aunt had given me a copy of the 'beneficiary deed' to her property several years ago. She made certain to the attorney who drew it up, that it was understood that the 'contents' were to go to me also, as well as the real estate and it states that in the document. I have already filed the property deed, along with a certified copy of her death certificate, with the county. I did pay a filing fee.

Why would the financial institution need to see any 'official' papers? I was the only person, besides her, who had EVER written any checks on the account and I was named as 'joint tenant' on the account. A copy of the POA was given to the bank, when it was made. The account had been in both our names for four years. Since I was named as a 'joint owner' of the bank accounts, not just authorized to sign checks, why would some other paper be necessary for me to provide to the bank?

CA...is where my aunt had been employed. She lived in MO since her retirement.

I will obtain a signed Affadavit from several of her friends, who have already said they are willing to make a notarized statement regarding her wishes. Should it state their understanding regarding her wishes in their own words, or be in specific legal terms? What purpose will the statements serve?

Again, my appreciation for your opinion.

 

[advisor10]

JUNE 2, 2001

DEAR GRAMMARI:

Official papers are needed so that the company (who is paying out the money) can be certain that you are legally authorized to receive this money. They have to protect themselves on the rare chance that some other person in the family may want to claim this money in the future (even though there is almost no chance of anyone else ever knowing about or claiming these funds), and they would be in trouble if they had already paid it out to you (in the event that this relative had a valid claim, which they don't).

On the form when it asks for heirs/other family members, just fill that portion in as "UNKNOWN".

The affidavits you receive do not need to be in legalese, just a few sentences that state their opinion of the facts. The affidavits would be additional support to your claim that no one else, especially any other distant relatives would have any legal basis to claim this money.

[email protected]