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*desperate help* for messy probate

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iseolt

Junior Member
What is the name of your state? CT.
I am writing this for my niece, 28 years old, who can't handle this probate matter. I know only a little more. Her father, died unexpectedly 4 weeks ago today. He only left a small 401K, '67 mustang, and a junky car. No other money in bank accounts. No other assets. (it's like he spent it all the week before!). But lots of debts.Trying to fill out probate papers today we learn he had a $25K life insurance policy in an EX-girlfriends name. He called the company to change the beneficiary (from ex to daugher) - but died too soon. He had a restraining order out on the ex for the past year and a half, and she just got out of jail. She does have a past criminal background problem. She was one of his 'stray puppies' he was trying to 'help' but learned he couldn't help an alcoholic, who wouldn't give up playing 'victim'. My mother (deceased's mother as well) - paid the entire funeral bill. She can't really afford that. Plus plot and headstone. Now there are the debts for utilities - the ex was on the lease - and would call the utilities stating she was his wife - she told everyone she was his wife. Now she is not responsible for paying any funeral expenses? (she picked up the money yesterday we found out today). Or utilities? NOTHING? and this money now is going to cost a higher probate fee? who pays that? My niece has *nothing*. She is a single mom of 2, stay-at-home. Her fiance is struggling to start a business and has financial problems of his own. My brother also owed some money to school tuition, credit cards, IRS and unemployment on top of utilities. The ex has DEFRAUDED welfare, unemployment, free health care, state tax, irs, owes tons to creditors, tuition, tons of bounced checks and more - not to mention the 'free room and board and utilities' my brother paid while she lived at his house (and on the lease). Not to mention sucking up own tax dollars in prision. Now she gets to run off 'scot free' with $25K - not responsible for ANYTHING? How can that happen? The woman who had to give her the insurance policy and money had told me my brother called to change beneficiaries - only he never got around to signing it. This all seems so unfair. (he did leave the 401k in his daugher's name - but we don't know how much it is). Is my niece responsible for all his bills? irs included? creditors?
She understands *nothing* of the probate form and is overwhelmed. (she also has no access to the internet). Can we get the funeral costs from this creep? - the woman handing over the insurance said to us today before even saying her name "what a piece of work she is!"...no kidding. Can we get help anywhere???? any guidance would be *greatly* appreciated. We are still in shock over his death, and now this crushing blow. Please someone respond, we are desperate.
 


HomeGuru

Senior Member
iseolt said:
What is the name of your state? CT.
I am writing this for my niece, 28 years old, who can't handle this probate matter. I know only a little more. Her father, died unexpectedly 4 weeks ago today. He only left a small 401K, '67 mustang, and a junky car. No other money in bank accounts. No other assets. (it's like he spent it all the week before!). But lots of debts.Trying to fill out probate papers today we learn he had a $25K life insurance policy in an EX-girlfriends name. He called the company to change the beneficiary (from ex to daugher) - but died too soon. He had a restraining order out on the ex for the past year and a half, and she just got out of jail. She does have a past criminal background problem. She was one of his 'stray puppies' he was trying to 'help' but learned he couldn't help an alcoholic, who wouldn't give up playing 'victim'. My mother (deceased's mother as well) - paid the entire funeral bill. She can't really afford that. Plus plot and headstone. Now there are the debts for utilities - the ex was on the lease - and would call the utilities stating she was his wife - she told everyone she was his wife. Now she is not responsible for paying any funeral expenses? (she picked up the money yesterday we found out today). Or utilities? NOTHING? and this money now is going to cost a higher probate fee? who pays that? My niece has *nothing*. She is a single mom of 2, stay-at-home. Her fiance is struggling to start a business and has financial problems of his own. My brother also owed some money to school tuition, credit cards, IRS and unemployment on top of utilities. The ex has DEFRAUDED welfare, unemployment, free health care, state tax, irs, owes tons to creditors, tuition, tons of bounced checks and more - not to mention the 'free room and board and utilities' my brother paid while she lived at his house (and on the lease). Not to mention sucking up own tax dollars in prision. Now she gets to run off 'scot free' with $25K - not responsible for ANYTHING? How can that happen? The woman who had to give her the insurance policy and money had told me my brother called to change beneficiaries - only he never got around to signing it. This all seems so unfair. (he did leave the 401k in his daugher's name - but we don't know how much it is). Is my niece responsible for all his bills? irs included? creditors?
She understands *nothing* of the probate form and is overwhelmed. (she also has no access to the internet). Can we get the funeral costs from this creep? - the woman handing over the insurance said to us today before even saying her name "what a piece of work she is!"...no kidding. Can we get help anywhere???? any guidance would be *greatly* appreciated. We are still in shock over his death, and now this crushing blow. Please someone respond, we are desperate.
**A: tell her to hire a probate attorney. The numerous, specific and complex issues are too much for a website forum such as this one.
 

noname87

Member
Ideally you should hire a lawyer. That seems to be the common advice but no one explains where to get the money at $200+ per hour to pay him.

A lawyer can tell you if the insurance is part of probate. Normally, I don't think it is. The surrogate court clerk might be able to help you with this.

My take as an uneducated executor (in other words, the advice is only worth what you paid) is this. The estate is responsible for paying the final bill and debts of the person that died using the assets in the estate. Once the assets are used up, the creditor are SOL unless someone else personally guarantee the dead person's debt in the first place (by cosigning a loan, signing papers when entering the hospital agreeing to pay if the patient didn't, cosigning leases, etc.). What does this mean? The executor needs to sell the assets (the cars) and pay the creditors. Once the money is gone, inform the creditors that the person died and there are no more assets. A lawyer can tell you which creditor gets paid first. As for the 401K plan, you need to find someone smarter then me. As for the insurance, I believe you are out of luck. Sorry. Good intentions (changing the beneficiary to your niece) are just that (good intentions). However, since the Ex was on the lease, you might be able to try to get her to pay back rent and possibly utilities if her name was on the bill. You need to consult a lawyer for guidance. Small Claims Court might be a choice. But face it, even if the lawyers and courts say she owes something, you still need to collect. Based on your description, good luck. By the time you get a judgment, the money will be gone. Also the lawyers bills could easily exceed any judgment.

Concerning the IRS debt. That is beyond me. That issue is worth paying the lawyer for. I would call the IRS first. They might give you guidance on that issue.

What you can do for your enjoyment, is contact social service (welfare, etc) and inform them that this person has received 25,000. That will impact her ability to collect welfare and food stamps. Doesn't help you but might make you feel better and could save the taxpayer some money. You know she won't tell them.
 

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