I live in Minnesota and am named a in Friends DPOA who has no living relatives and has now passed.

[Milesfreeway]

My friend is a Veteran and did not prepare for his unexpected death. He has no living relatives and, for more than a decade, I have been his emergency contact. I was named as the sole person on his VA Advance Directive/DPOA for Health Care and Living Will. I have possession of his personal effects. His financial obligations can not be settled and I am the closest person to a family member he had. He would have entrusted to manage this. What avenue is available for me to access his bank account so this can be accomplished? I have filled out an application to receive his Death Certificate and am awaiting an appointment with my banker to have it notarized. Is there anything else that would be required, assuming I am able to move forward? How would I learn if he had a Life Insurance policy? Is there anything else I should be aware of that I am not thinking of at this point?
Thank you for your time and advice.
Vicky Totino

 

[Just Blue]

My friend is a Veteran and did not prepare for his unexpected death. He has no living relatives and, for more than a decade, I have been his emergency contact. I was named as the sole person on his VA Advance Directive/DPOA for Health Care and Living Will. I have possession of his personal effects. His financial obligations can not be settled and I am the closest person to a family member he had. He would have entrusted to manage this. What avenue is available for me to access his bank account so this can be accomplished? I have filled out an application to receive his Death Certificate and am awaiting an appointment with my banker to have it notarized. Is there anything else that would be required, assuming I am able to move forward? How would I learn if he had a Life Insurance policy? Is there anything else I should be aware of that I am not thinking of at this point?
Thank you for your time and advice.
Vicky Totino

What state did your friend live in?



I'm so sorry for your loss.

 

[adjusterjack]

What state did your friend live in?

Thread title, Blue.

I was named as the sole person on his VA Advance Directive/DPOA for Health Care and Living Will.

None of that is valid anymore.

What avenue is available for me to access his bank account so this can be accomplished?

You will need file the death certificate with the probate court and ask to be appointed representative of the estate. Your local probate court should have forms and instructions. Once you have your court appointment you'll be able to move forward.

Tell us the extent of his assets (home, car, how much money in the bank, etc) and we'll have other suggestions.

 

[Just Blue]

Thread title, Blue.



None of that is valid anymore.



You will need file the death certificate with the probate court and ask to be appointed representative of the estate. Your local probate court should have forms and instructions. Once you have your court appointment you'll be able to move forward.

Tell us the extent of his assets (home, car, how much money in the bank, etc) and we'll have other suggestions.

:O

 

[Taxing Matters]

Is there anything else I should be aware of that I am not thinking of at this point?

Unfortunately the fact that he had no estate plans made means that, given the situation you described, everything he had likely goes to the state after paying off estate expenses and paying his creditors . A power of attorney (POA), living will, and advance health care directive all ended the moment your friend died. If your friend had designated pay on death (POD) beneficiaries on any of his financial accounts then those funds/investments will go to the named beneficiary. Otherwise, they'll go to his estate like his other assets. Without a will the estate assets pass based on the intestacy laws of the state where those assets are located. The problem is that friends don't inherit under intestacy. Only spouses and relatives inherit under intestacy. If your friend had no spouse and no relatives living on the day your friend died that would mean the estate goes to the state. If you become the estate personal representative/administrator then you will be entitled to a fee for the work you do for the estate.

 

[LdiJ]

My friend is a Veteran and did not prepare for his unexpected death. He has no living relatives and, for more than a decade, I have been his emergency contact. I was named as the sole person on his VA Advance Directive/DPOA for Health Care and Living Will. I have possession of his personal effects. His financial obligations can not be settled and I am the closest person to a family member he had. He would have entrusted to manage this. What avenue is available for me to access his bank account so this can be accomplished? I have filled out an application to receive his Death Certificate and am awaiting an appointment with my banker to have it notarized. Is there anything else that would be required, assuming I am able to move forward? How would I learn if he had a Life Insurance policy? Is there anything else I should be aware of that I am not thinking of at this point?
Thank you for your time and advice.
Vicky Totino

If his estate is insolvent you have no obligation to his estate if you do not want to take on that burden. However, you also could not legally keep his personal possessions unless there is nothing there of any real value that could be sold to cover part of his financial obligations. If you do take on the burden, funeral expenses come first.

 

[zddoodah]

He has no living relatives

Everyone has living relatives. It's just a matter of how close they are. Presumably, you know that he was not married at the time of his death, and maybe he told you that he never fathered any kids. But what do you know beyond that? Maybe your friend was old enough that it is not reasonably likely that either of his parents is still alive. What about siblings? Or cousins? The Minnesota statute even goes beyond cousins.

His financial obligations can not be settled

Why not? Is it because his debts exceed the value of his assets?

He would have entrusted to manage this.

But didn't.

What avenue is available for me to access his bank account so this can be accomplished?

I'm not sure what "this" refers to, but in order for you legally to do anything relating to your friend's estate, you'd have to seek to be appointed by the probate court as personal representative/executor/administrator of his estate. Given that the only purpose that could be served by you doing so would be the payment of debt (and your receipt of a presumably small fee for serving in that capacity), I think it's at least questionable that it would be worth your time and effort to do it. Keep in mind that, if you choose to undertake this role, one thing you'll have to do is make a reasonable effort to identify heirs.

 

[ALawyer]

My condolences on the loss of your friend. His sudden and unexpected death is an object lesson for all of us as to the need for at least basic estate planning. Every adult should at least have a simple Will naming those one would wanted to handle our estate, and setting out who should receive our property. We can change it as circumstances change. It would have been so helpful.

 

[Darkelf53]

My friend is a Veteran and did not prepare for his unexpected death. He has no living relatives and, for more than a decade, I have been his emergency contact. I was named as the sole person on his VA Advance Directive/DPOA for Health Care and Living Will. I have possession of his personal effects. His financial obligations can not be settled and I am the closest person to a family member he had. He would have entrusted to manage this. What avenue is available for me to access his bank account so this can be accomplished? I have filled out an application to receive his Death Certificate and am awaiting an appointment with my banker to have it notarized. Is there anything else that would be required, assuming I am able to move forward? How would I learn if he had a Life Insurance policy? Is there anything else I should be aware of that I am not thinking of at this point?
Thank you for your time and advice.
Vicky Totino

Hi Vicky ,
If I have this correct . A durable power of attorney ends as soon as the person passes away . If you wish to pursue this , I would suggest an attorney and hopefully they can clear the way for you .