What to do when there is no will or executor

[jmm1217]

My aunt just recently passed, unexpectedly, and she didn't have anything set in place for hear death. She paid all of her bills through her work computer, which was locked out after her passing, and there is no way to see what utilities are, if she has credit cards,... It's been a scavenger hunt trying to find pieces of things and putting them all together. The family is in turmoil, no one in the family offered any financial help in paying for her funeral, not even her own brothers (my husband had to take money from his own 401K to pay for it), complain that someone has to pay her bills and utilities and come up with magic money that isn't there.

I guess I need help determining what I need to pay and what I don't. I think she had credit cards and I know she has utilities but everything was paperless through her work computer. Do I need to pay the utilities (gas, electric, water, sewer) through the winter out of pocket? No one is offering to help me but I just don't want the mess to get bigger than it already is. I called her mortgage company the day after she died because I had found a bill and notified them and they filed a claim or something but I haven't received anything from them since. I do not have access to her bank account, I don't know what she has set up on auto-pay, and she had no joint users on any of her accounts. I'm a bit overwhelmed as I've never had to deal with something like this. Everyone wants to tell everyone else what to do but no one wants to really help. I don't want to pay for things that I don't need to because I don't have the money. Any direction and/or advise would be appreciated. Thanks in advance.

 

[quincy]

What is the name of the state involved?

 

[Just Blue]

My aunt just recently passed, unexpectedly, and she didn't have anything set in place for hear death. She paid all of her bills through her work computer, which was locked out after her passing, and there is no way to see what utilities are, if she has credit cards,... It's been a scavenger hunt trying to find pieces of things and putting them all together. The family is in turmoil, no one in the family offered any financial help in paying for her funeral, not even her own brothers (my husband had to take money from his own 401K to pay for it), complain that someone has to pay her bills and utilities and come up with magic money that isn't there.

I guess I need help determining what I need to pay and what I don't. I think she had credit cards and I know she has utilities but everything was paperless through her work computer. Do I need to pay the utilities (gas, electric, water, sewer) through the winter out of pocket? No one is offering to help me but I just don't want the mess to get bigger than it already is. I called her mortgage company the day after she died because I had found a bill and notified them and they filed a claim or something but I haven't received anything from them since. I do not have access to her bank account, I don't know what she has set up on auto-pay, and she had no joint users on any of her accounts. I'm a bit overwhelmed as I've never had to deal with something like this. Everyone wants to tell everyone else what to do but no one wants to really help. I don't want to pay for things that I don't need to because I don't have the money. Any direction and/or advise would be appreciated. Thanks in advance.

What State?
Are you the executor of the estate?

 

[adjusterjack]

Any direction and/or advise would be appreciated.

Assuming that you are located in the US you:

1 - Don't have to do anything.
2 - Don't have to pay anything.
3 - Don't have to contact anybody.
4 - Don't have to allow anybody to contact you.

In other words, you and your husband can stop right now and let her recalcitrant brothers take care of the mess.

Without a will, an heir could open probate under intestacy and if she had any money or assets it would go to her surviving children or her brothers if no children.

Neither you nor your husband had any obligation to arrange for or pay for the funeral and certainly don't have to be involved in any further financial matters.

 

[Zigner]

Assuming that you are located in the US you:

1 - Don't have to do anything.
2 - Don't have to pay anything.
3 - Don't have to contact anybody.
4 - Don't have to allow anybody to contact you.

In other words, you and your husband can stop right now and let her recalcitrant brothers take care of the mess.

Without a will, an heir could open probate under intestacy and if she had any money or assets it would go to her surviving children or her brothers if no children.

Neither you nor your husband had any obligation to arrange for or pay for the funeral and certainly don't have to be involved in any further financial matters.

Once probate is opened, file a claim with the administrator for reimbursement for the funeral costs. That is considered a top priority and will be paid first.

 

[jmm1217]

Wowwie, all the help . I'm located in Missouri. I at least wanted to make sure that her funeral was nice and taken care of and closed out. I figured the rest of the mess could be sorted out later but the money grabbers of the family have come out of the woodwork and are expecting some big payout. I don't want to screw anyone over but I don't know if I need to tell the utilities and credit card companies that she's passed. She had no children and her brothers are half-brothers. She claims she named me as her beneficiary of life insurance but who knows what's really there. She didn't really discuss it with anyone.

She didn't name anyone as executor that I know of. She said I was the responsible one and she knew I would take care of things but didn't officially name anyone or have a will.

 

[ALawyer]

If she had life insurance and named you as its beneficiary, you'd inherit those proceeds.

As I gather she lacked a Will, her heirs at law (using her state of residence's laws of intestate succession) would inherit any personal property. Any real property would pass to her heirs at law under the intestate succession laws of the state in which the property was located.

Even though she may have done "everything" online, and you may be locked out of her computer, it's likely that at some point her banks, her creditors and others will send a letter to her home or office -- and last years' tax returns just may give you a clue as to what assets she owned and who held custody of them. Then you or someone who is appointed by the probate court in her county as her administrator or personal representative can deal with it.

If you suspect her relatives think there is a fair bit of money involved, and each is likely going to fight for his or her share, it certainly makes sense to consult a lawyer who handles probate type work -- ideally in the county in which she lived -- real fast before the process becomes more expensive than is appropriate and find out what the lawyer suggests. I admire the efforts you have thus far made to make sure she had an appropriate funeral and to keep things from spiraling out of control, and by keeping the lights and heat on before there is vandalism or pipes freeze and damage is done, but it's now time to get the pros involved on handling the estate.

 

[adjusterjack]

She didn't name anyone as executor that I know of. She said I was the responsible one and she knew I would take care of things but didn't officially name anyone or have a will.

I'm confused. She had no children and her half brothers are not biologically related to her. How is she your aunt? What is your biological relationship to her?

If you are in line to inherit under your (unnamed but requested twice) state's laws of intestate (no will) succession it would be in your interest to open probate under intestacy and get appointed representative of the estate. The court will give you official authorization to administer all of the estates assets.

She claims she named me as her beneficiary of life insurance but who knows what's really there.

There are two ways to locate the existence of a life insurance policy.

https://www.naic.org/documents/consumer_alert_locate_lost_life_insurance_benefit.htm
https://www.mib.com/lost_life_insurance.html
If you are the beneficiary of a life insurance policy, the money is yours, to do with as you wish and money grabbers can't get their hands on it or compel you to use the money for purposes other than your own.

the money grabbers of the family have come out of the woodwork and are expecting some big payout.

Well, will there be a big payout? Did she own a home? Car? Investment accounts? Etc?

 

[LdiJ]

Wowwie, all the help . I'm located in Missouri. I at least wanted to make sure that her funeral was nice and taken care of and closed out. I figured the rest of the mess could be sorted out later but the money grabbers of the family have come out of the woodwork and are expecting some big payout. I don't want to screw anyone over but I don't know if I need to tell the utilities and credit card companies that she's passed. She had no children and her brothers are half-brothers. She claims she named me as her beneficiary of life insurance but who knows what's really there. She didn't really discuss it with anyone.

She didn't name anyone as executor that I know of. She said I was the responsible one and she knew I would take care of things but didn't officially name anyone or have a will.

Here is the thing. You can honestly walk away from this mess and not have to worry about anything. Right now you have zero obligation to do anything. However, if you want a chance at being reimbursed for the funeral costs then you might want to consider filing to open probate and to be named as the executor.

Once SOMEONE is named as executor that someone will have a greater ability to search for her assets, even if that means getting income transcripts from the IRS to see where her income was coming from. If you suspect however that she was relatively low income, and her home is modest with a mortgage, then you might want to let someone else deal with the hassle.

 

[Dandy Don]

Contact her place of employment and ask them to check their records to see whether she purchased a group life insurance policy through her place of employment. Also ask if she had a 401K account and what amount is in it.