Several issues involved/deceased uncle

[ptosec54]

(chicago/illinois)My uncle died in his home (had been there approx. 2 weeks.) His body is now in the morgue. he is survived by a sister (my mother) and they had a falling out years ago.
i have in my possesion, a copy of a will dated in 1975. A lawyer is named as the executor and has been contacted. I live in St. Louis and am named as one of the beneficiaries, with both of my grandparents, who are deceased, along with a fourth person who is in a nursing home in another state and is suffering from Alzheimers. My mother was not included.
How should the disposition of his body be handled ? My mother is willing to do it, but does not have that kind of money to put out in advance.
Who is responsible for cleaning out his home (it is filled with trash, animal feces and junk), looking for the important documents, investment papers, bank accounts, etc.? He was a loner and nobody seems to know any of his business.
There is an insurance policy that names my grandmother as the beneficiary, but she is deceased, so what happens with it?
The executor has spoken to my mother and indicated that she would be covered for funeral expenses and told her to go into the house and what kinds of things she should look for. Shouldn't he be doing these things?
This is a terrible situation and I don't know what needs to be done!!!

 

[advisor10]

JULY 14, 2001

DEAR PTOSEC:

Does this executor live in the same city or county where the death occurred? He is only trying to be tactful in a somewhat difficult situation. It is always better for a family member to be involved in making funeral arrangements (since they supposedly are more familiar with the decedent), but if your mother is unwilling or unable to do it, then the executor should be advised so he can step in and begin doing it. The same thing is true of the search at the decedent's home for his personal papers--it is better if someone in the family could do it and it would be even better if the executor accompanied the family member while the search was being done (can you all get access to the house without knowing where the key is?).

If the executor lives in the same general area as the decedent, it is his official responsibility to begin searching for assets (bank accounts, etc.).

The expense of getting the house cleaned up could be paid by the estate. How is the disposition of the house mentioned in the will? Did the decedent own it and is it passed on to someone else or did he leave instructions for it to be sold?

How do you know about the insurance policy and where is it? If you know the name and address of the company, you should try to contact them to find out if a secondary or alternate beneficiary was named, and that is who the money would go to. If there is no secondary beneficiary named, you would need to ask the insurance company about what steps to follow and also make sure the executor knows about this policy (it is not included as part of the estate) but it is such an important matter that he may be able to get a successful resolution in finding out who the money should actually go to.

SINCERELY,

[email protected]

 

[ptosec54]

Several Issues Involved/deceased Uncle

The lawyer who is the executer has offices in the same city and county as the deceased.
When my mother found out about her brothers body being in the morge, she went there with the necessary documentation to prove she was a family member. She then contacted the police department and they met her at the house to remove the tape on the door and they
advised her to call a lock smith to gain access. That is how the insurance policy was found and only lists my deceased grandmother as the beneficiary. My understanding is that an insurance policy is not considered part of the estate. Is this true? Wouldn't my mother than be able to use that to pay for funeral expenses?
The executer sent a letter to my mother, authorizing her to look for things. Because she is left out of the will, she dosen't feel that it is in her best interest to do the "dirty work". On the other hand she would like to see her brother have a proper burial, but does not want to be responsible for that financial burden.
My uncle did own the home and the will does not have a specific article stating what should happen to it.
You see this situation gets sticky because I was the one who contacted the Executor and I live in another state. I also hate to go behind my mothers back and report things to the Executor that I might find out from my mother. My mothers lawyer advised her not to even get involved in this mess, because she has nothing to gain.
Should I just leave it to the Executor to work this mess out?
I am feeling helpless!

 

[advisor10]

JULY 19, 2001

DEAR PTOSEC:

The insurance policy is NOT considered part of the estate. Your mother, since she apparently was not named as a beneficiary of this policy, can not expect to be receiving this money. If the estate has other assets and can afford to pay the funeral bill, then the executor will have to contact a funeral home to make arrangements since your mother is not willing to.

Since the home may not have been mentioned specifically in the will, it will be included as an asset of his estate and some type of determination will be made as to who his legal heirs are and who will gain title for it (it will be an estate expense to have the title changed to reflect the name of the new owner).

Please feel free to report to the executor any and ALL information you feel is necessary for him to get a complete understanding of estate affairs. It is his responsibility to work in the best interests of the heirs and the decedent. Please stop being so concerned about "going behind your mother's back"--you have an ethical responsibility to do the right thing.

SINCERELY,

[email protected]

 

[ptosec54]

several issues/deceased uncle

Thank -you so much for responding to my questions. I have never been involved in a situation like this before,and am now trying to learn what I can .
The lawyer who I have been referring to as "executor of the estate" only exists in a copy of the will that I have. Since it is only a copy, he is currently not the executor. He does not have the original, and to date no original of any will has been found.
In searching thru his home, although no official documents have been found, so far, there is info that leads to insurance policys, a checking account, a401K
and some investments.
If there is another party listed on any of the documents, who would contact and/or track down these persons?
Who then determines what the assets of the estate are?
If a lawyer needs to be hired, who should do that? And then would the fees be paid by all parties who are involved in the resolution of his entire estate?
I appreciate all of the insight that you have provided. I am also glad that I have already made arrangements, so that this does not happen to my survivors.