Life Insurance / No will / Funeral costs

[therex10]

What is the name of your state? PA. My Father - In - Law recently passed away. My husband is in charge of the estate. He left no will. He lived with a girlfriend for 5 yrs. He was divorced 10 years ago to his 2nd wife. The life ins. co. states the money is going to the ex -wife from 10 years ago although she is remarried and got a $15,000 settlement during the divorece from him. According to his job, since he was married to her when he retired, the beneficiary could not be changed no matter what (even in the event of a divorce) unless she signed off - which she refused to do at that time. We have never heard of this! The insurance is worth @ $20 - 40,000. She refuses to pay anything for the funeral. Are we stuck with this bill now? We know this money was to pay for his funeral! Incidently, there is @ a 50,000 loan of money missing that he received as a second mortgage that we cannot find. He has nothing. We can find no money, his bank accounts are 0. He filed for Bankruptcy 2 months before he died. Also, he was on a car with the girlfriend he lived with - she took the car. We hired a lawyer who states there is nothing we can do and the car isn't worth fighting for. I can't believe there is no justice in our system! We have a $10,000 bill to pay. I don't have that kind of money laying around!The insurance company states however; that the ex-wife cannot get the insurance money without a death certificate AND official executor of the estate notice - which my husband won't give her either one. To make things more complicated - the ex- wife states there are items in the house of hers and her mothers from 10 years ago that she wants. If nothing else - can we charge her storage fees ? The girlfriend also stated she wants everything in the house such as the freezer, refrigerator, washer / dryer, towels, dishes, etc. We think some of the silverware is my husband's grandmother's silver. Do we owe the girlfriend anything ? We think something was up since she didn't even buy flowers for him at the funeral. What do we owe and to whom? Can we do anything about the ex- wife not paying anything for the funeral, if & when she gets the money? We think there is more to it because last year my Father in Law made my husband promise to split the 'money' with his sister (whio by the way is incompetant and signed off the executor of estate). What money is he talking about ? We have tried to find a safety deposit box, etc. to no avail and nothing in the house is worth any money. Help us!

 

[shell007]

The girlfriend also stated she wants everything in the house such as the freezer, refrigerator, washer / dryer, towels, dishes, etc. We think some of the silverware is my husband's grandmother's silver. Do we owe the girlfriend anything ?

A: What freezer? what refrigerator?, what washer/dryer?, What towels?, What dishes? Get my point?

We have a $10,000 bill to pay. I don't have that kind of money laying around!

A: Who made the funeral arrangements, and who signed the paper-work at the funeral home. If it was you and your husband.....You're responsible for the bill.

The insurance company states however; that the ex-wife cannot get the insurance money without a death certificate AND official executor of the estate notice - which my husband won't give her either one

A: I don't know about the "official executor of the estate notice", but she can easily get a copy of the death certificate on her own without your assistance.

Can we do anything about the ex- wife not paying anything for the funeral, if & when she gets the money?

A: When someone is named as beneficiary of a life insurance policy......there are no stipulations as to what they can do or have to do with that money. They can take that money and take an extravagant vacation around the world if they want to.

What money is he talking about ?

A: No one here can tell you where the money is? Maybe it is hidden in a mattress somewhere, who knows.

Good Luck with all!

 

[BelizeBreeze]

What is the name of your state? PA. My Father - In - Law recently passed away. My husband is in charge of the estate. He left no will. He lived with a girlfriend for 5 yrs. He was divorced 10 years ago to his 2nd wife. The life ins. co. states the money is going to the ex -wife from 10 years ago although she is remarried and got a $15,000 settlement during the divorece from him. According to his job, since he was married to her when he retired, the beneficiary could not be changed no matter what (even in the event of a divorce) unless she signed off - which she refused to do at that time. We have never heard of this! The insurance is worth @ $20 - 40,000. She refuses to pay anything for the funeral.

Which she is not required to do. She is correct.
As for the insurance, all insurance passes outside of probate and directly to the beneficiary.

Are we stuck with this bill now?

That depends on who incurred the debt.

We know this money was to pay for his funeral!

What you "know" and what the law states are two different things.

Incidently, there is @ a 50,000 loan of money missing that he received as a second mortgage that we cannot find.

And that is irrelevant.

He has nothing.

Not true. If he has a second mortgage then he has a home. right?

We can find no money, his bank accounts are 0. He filed for Bankruptcy 2 months before he died.

which means the bankrutpcy is now null and void.

Also, he was on a car with the girlfriend he lived with - she took the car. We hired a lawyer who states there is nothing we can do and the car isn't worth fighting for.

And you either believe the attorney or not.

I can't believe there is no justice in our system! We have a $10,000 bill to pay. I don't have that kind of money laying around!The insurance company states however; that the ex-wife cannot get the insurance money without a death certificate AND official executor of the estate notice - which my husband won't give her either one.

She can get the death certificate from the bureau of vital statistics and notice of probate can be had by the Probate clerk.

To make things more complicated - the ex- wife states there are items in the house of hers and her mothers from 10 years ago that she wants.

then have your husband to tell her to kiss his ass. She has no rights to anything.

If nothing else - can we charge her storage fees ?

No

The girlfriend also stated she wants everything in the house such as the freezer, refrigerator, washer / dryer, towels, dishes, etc.

Tell girlfriend as soon as she produces a receipt she can have the items, until then, she gets nothing.

We think some of the silverware is my husband's grandmother's silver. Do we owe the girlfriend anything ?

See above.

We think something was up since she didn't even buy flowers for him at the funeral.

irrelevant.

What do we owe and to whom?

See above.

Can we do anything about the ex- wife not paying anything for the funeral, if & when she gets the money?

no

We think there is more to it because last year my Father in Law made my husband promise to split the 'money' with his sister (whio by the way is incompetant and signed off the executor of estate).

irrelevant.

What money is he talking about ?

Irrelevant.

We have tried to find a safety deposit box, etc. to no avail and nothing in the house is worth any money. Help us!

and what about the house?

 

[therex10]

PA. I get your point with the items! My husband signed the funeral paperwork assuming he and his sister were getting the life insurance to pay for it. Someone had to pay for the funeral. We put $4000 down on it and gave the lawyer $2000 (a waste). Apparently, his father thought my husband and his sister would get it also because his father asked my husband to share it with his sister.Why would he state this ?

As far as the executor official notice - Is it normal procedure for an insurance company to require this ? Maybe the ex- wife will get all the insurance money and not pay, but she really can't prove that anything in the house belonged to her and her deceased mother from 10 years ago. Some of the items are supposed to be valuable (financial & sentimental). Maybe she will want to wheel and deal - If you know what I mean! Otherwise, she won't get the executor notice or her personal items!Two can play this game!

We have searched the entire house for everything (Including the freezer) and can't find ANYTHING! There was supposed to be an annuity, a gold - wing motorcycle, a will, etc. and we can't find anything. Someone left a message on the answering machine for the girlfriend that they were not sure where the will is so we assumed there may be one and can't find it. Apparently, someone else was searching also because we found pictures with the backs ripped off, etc. The girlfriend had a key to get in the house the first 2 weeks, but did not take her clothes or personal items. We have since changed the locks. The bank is taking the house in 2 - 3 weeks and told us to take whatever we wanted out of the house because they are trashing & remoldeling everything to resell.

 

[therex10]

The house is not worth anything now! He paid it off @ 4 - 5 years ago. When the girlfriend moved in, he took out a second mortgage for $75,000. He didn't buy anything, remodel it or pay anything off - Where is this money? He had a 1996 car worth $3,000. The house is appraised at only $40,000. He still owes the full $75,000 plus interest. That is why we were looking for a safe deposit box. The girlfriend claims to know nothing. Like I said - he has nothing !

 

[BelizeBreeze]

PA. I get your point with the items! My husband signed the funeral paperwork assuming he and his sister were getting the life insurance to pay for it. Someone had to pay for the funeral. We put $4000 down on it and gave the lawyer $2000 (a waste). Apparently, his father thought my husband and his sister would get it also because his father asked my husband to share it with his sister.Why would he state this ?

Because he was not an attorney.

As far as the executor official notice - Is it normal procedure for an insurance company to require this ?

Did your husband ask the insurance company?

Maybe the ex- wife will get all the insurance money and not pay, but she really can't prove that anything in the house belonged to her and her deceased mother from 10 years ago.

And that is irrelevant. She is not entitled, by law, to anything anyway.

Some of the items are supposed to be valuable (financial & sentimental). Maybe she will want to wheel and deal - If you know what I mean!
Otherwise, she won't get the executor notice or her personal items!Two can play this game!

Be VERY careful. The administrator of the estate is under statutory requirements that come with civil and criminal penalties. If your husband does not want to be held personally liable have him contact this attorney and ask about such 'paperwork' and his rights and responsibilities regarding it.

And if the attorney says it is his legal responsibility to issue such, ask if there is any provision in the Probate code as to how long he has.

We have searched the entire house for everything (Including the freezer) and can't find ANYTHING! There was supposed to be an annuity, a gold - wing motorcycle, a will, etc. and we can't find anything. Someone left a message on the answering machine for the girlfriend that they were not sure where the will is so we assumed there may be one and can't find it.

O.K. so now you're not making sense. Has your husband filed probate or not?

Apparently, someone else was searching also because we found pictures with the backs ripped off, etc. The girlfriend had a key to get in the house the first 2 weeks, but did not take her clothes or personal items. We have since changed the locks. The bank is taking the house in 2 - 3 weeks and told us to take whatever we wanted out of the house because they are trashing & remoldeling everything to resell.

well, that answers the question as to the home I guess.

 

[Dandy Don]

Do you know the name of the insurance company, and was the policy a life insurance policy or a burial expense policy?

Explain the circumstances to the funeral home and ask them to send a bill to this lady. It's a longshot, but maybe she will feel guilty about receiving the proceeds and not paying for the funeral expense and maybe she will go ahead and pay some of it.

If this man has legal heirs, then they need to file to get probate opened up if girlfriend it stalling, so heirs can get their names officially added to the deed/title so that in the future if the home is sold, heirs can get their portion of the profit after the refinance is paid off. And your executor can get information from the bank and pay a private investigator to find out where the annuity is if it hasn't been cashed in and get copies of the decedent's state and federal tax returns for prior years to get clues about where his assets are or were.

DANDY DON IN OKLAHOMA ([email protected])

 

[therex10]

We are the legal heirs, but there is going to be no profit left for us. The house is worth $40,000. Over $75,000 is owed on it. We are giving the house to the bank willingly so that we do not incurr the expense that it is not worth. I have already had to pay bills at the house. We paid an attorney $2,000 to try to find an annuity or anything else and take care of the whole situation. He also had my husband go to the courthouse to become executor of the estate. He stated that after 30 days (which it has been 6 weeks) that a will would be irrelevant since he filed the paperwork. He did not explain probate or anything else to us. We are going to try the bill from the funeral home strategy. We called the insurance company and it was life insurance. The girlfriend isn't doing anything. She just states she wants everything - same thing with the ex - wife. Neither one paid for anything but both want everything! we didn't ask the insurance company if it was normal procedure to require anything because we had enough trouble getting what we did out of them! They were going to make us get a court order for the little information they told us. The ex - wife stated that she is entitled to her belongings in the house, although it has been 10 years and she is remarried and didn't worry about the iterms before and will take us to court. She can't do anything Legally to us as executors as yet - because she has not produced ANY paperwork. We question if she even has the life insurance paperwork started as of yet.The girlfriend stated she was getting a lawyer 3 weeks ago and we haven't heard from anyone regarding that matter, either!
Therex10