LdiJ
Senior Member
Even when probate is not necessary, its the responsibility of whomever is administering her estate, to make sure that ALL her debts are paid before any assets are distributed to anyone else. Anything with a named beneficiary would pass outside of her estate and would belong to that named beneficiary, to do with as they like.Background (sorry if this reply has multiple postings - working my way through the tool):
Nov 2011 - physical separation of residences. 5 years of drug/alcohol abuse, me mentoring, supporting, sponsoring. When I found out she was doing these things while driving with my son (15 at the time), it was the end.
Mar 2012 - I filed Pro Se, we felt we could work through the process ourselves.
Jun 2012 - we sell a piece of property together, 50/50 split on net proceeds. Two days before our hearing, I get a call from her atty - hearing cancelled.
Oct 2012 - two hours before our Settlement Hearing, her atty calls me - she had to take my spouse to in-patient care - hearing cancelled.
Nov 2012 - 1 week before our rescheduled hearing, my spouse is found dead in her car - accidental death, prescription drugs and alcohol.
Thanks for letting me get that off of my chest - more value to me, than proabably you...
Her estate at the time, was about $2K in checking, which I used to pay her past due utilities and rent (her son, our stepson was living with her)
Her car is still in our possession (thanks for the WADOL links and advice), but we're looking to sell it. My name is also on the clear title. Proceeds are simply going to the kids (stepson expecting a child).
I've taken on all community debt, used non-probate assets (death benefits) to pay down that debt, but much still remains.
Everyone has been paid, or is being paid, except $5K in "separate" atty debt (but we've covered that already). I would add that her atty had already been paid $10K from the net proceeds.
Everything I've researched suggests that with such few assets, letters of admin, testamentary, or probate was not necessary.
So...as much as you would like to give something to her children, if she has debt, even separate debt, and there are assets that could be sold to cover some or all of that debt, then that is what you are responsible to do.