Can anyone give information on what to do after mothers death?

[mmills63]

I was wondering if anyone has any information that would be helpful to me. My mother passed away last week. There was a POA that ended at time of death. If there is a will, no one has found it. What do I do now? Who do I contact of her death, what happens to her home that is collateral on a loan, what about personal posessions, etc.? I don't know where to begin. If a will is found, who does the family take that to? Any information would be greatly appreciated. Thanks

 

[Scutter01]

If there's no will, you might want to start with a probate attorney.

 

[melensdad]

If there's no will, you might want to start with a probate attorney.

Or if there is simply a family attorney that would be a good place to start.

 

[Scutter01]

Or if there is simply a family attorney that would be a good place to start.

Also a good suggestion (he admits grudgingly).

 

[techres]

My condolences on your loss.

As for action now, have you asked at the local banks if she had a safety deposit box? That is where I would keep a will and promptly forget to tell my children.

 

[melensdad]

My condolences on your loss.

As for action now, have you asked at the local banks if she had a safety deposit box? That is where I would keep a will and promptly forget to tell my children.

Safety Deposit Boxes are LOCKED by the banks upon notice of death. There is often someone at banks who is charged with checking the local OBITs for this very purpose.

 

[techres]

Safety Deposit Boxes are LOCKED by the banks upon notice of death. There is often someone at banks who is charged with checking the local OBITs for this very purpose.

Can they at least tell people if a box exists?

 

[melensdad]

That would probably be a "bank policy" issue, but I would doubt that most banks would release information like that.

 

[Soundslikejosh]

So what you are saying is that you shouldn't keep a will in a safe deposit box? What if your children have a key for this purpose, will they still be denied entrance upon your passing? Sorry for thread-jacking, and my condolences.

 

[melensdad]

So what you are saying is that you shouldn't keep a will in a safe deposit box? What if your children have a key for this purpose, will they still be denied entrance upon your passing? Sorry for thread-jacking, and my condolences.

No, what I am saying is that if you look at the bank regulations, you may want to be very careful about the name you put on the safety deposit box. Instead of putting "John & Jane Doe" on the box, which could get the box shut down the moment either John or Jane dies, you may want to put the DOE FAMILY TRUST as the name on the box (and by the way, you don't even have to have a legal trust set up to put a name like that on the safety deposit box!). Also consider the name(s) of those who can access the box.

 

[hornadylnl]

Both of my parents died last year. They already had a will made up through an attorney that handles estates, etc. You will need to get an attorney to have you or someone else appointed executor or personal representative of the state. That all goes through the court. I'm not sure you can do it without an attorney. I couldn't imagine of even trying to do all of what I went through without one.

You'll want copious (I recommend at least 10) certified copies of the death certificate if there is any life insurance or whoever might have to pay you out any money due to you. Something else you'll need to send with the death certificate are called Letters Testamentary. It's basically a certified document you send out to various places to prove that you are legally allowed to act on her estate. Most places won't tell or do anything for you without a death certificate and Letters Testamentary.

Most of it is all a blur to me now but the attorney saved my sanity. A lot of things, he just called and said he needed me to come in and sign so I didn't have to worry about every intimate detail. My attorney charges a percentage of the estate value, which can get pretty salty if there is a sizeable estate. He also took care of all the income and estate taxes as part of his fee.

FOR THE LOVE OF GOD AND YOUR CHILDREN, IF YOU HAVEN'T GONE TO AN ATTORNEY AND DRAWN UP YOUR WILL AND MADE ARRANGEMENTS FOR YOUR CHILDREN TO TAKE OVER FOR YOU IF YOU ARE SICK AND UNABLE, DO IT MONDAY MORNING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I hate to yell, but the only thing I knew going in to taking care of my parents is that they had an attorney and already had a will. They both got sick late 2007. My mom had brain damage and was in a nursing home and my dad was dying of cancer. We had a power of attorney made out so I could take over their finances while they were in and out of the hospital and nursing home. I went into their finances blindly, barely knowing only what banks they used. I had to go to all the banks and find out what accounts they had, what the balances were, etc. They had 3 checking accounts and a savings account through 3 different banks. I hope there isn't any more out there. I had no idea what bills needed paid until I received them in the mail.

All I ask is that everyone make a list of their banks, accounts, monthly bills, etc so that if you aren't able, it is 10,000 times easier for someone to step in and do it. My parents didn't intend to make it difficult for me but they just couldn't deal with the reality that they were sick and help us help them. I'm only 32 and I will be planning my estate, will, etc in the very near future. A good lawyer will cost a lot of money but will save you in the end so that more goes to your children and less to uncle sam.

Sorry for the thread jack but this kind of goes along with the original post. Please don't let your child be the one stabbing in the dark when you pass.

 

[hornadylnl]

No, what I am saying is that if you look at the bank regulations, you may want to be very careful about the name you put on the safety deposit box. Instead of putting "John & Jane Doe" on the box, which could get the box shut down the moment either John or Jane dies, you may want to put the DOE FAMILY TRUST as the name on the box (and by the way, you don't even have to have a legal trust set up to put a name like that on the safety deposit box!). Also consider the name(s) of those who can access the box.

To take that one step further, if you know you are terminally ill or up there in years, get your childrens names added to your bank accounts, lock box and any bills you may have. That will allow them to do stuff without a power of attorney. My wife's name is on all of my accounts, be it checking, savings, cd's or whatever. If her name isn't on them, they will not allow her to touch them or give her any info without a power of attorney.

Some banks may allow you to add names to your accounts without those people knowing. You don't want to give someone the ability to go clean you out. But if your kids can't be trusted to be on your accounts, then you probably don't want them handling your business when you are gone.

 

[jedi]

The funeral home most likely contacted SSA to inform them of the death. If not you will have to call if she was collecting to have any further payments stop.

By calling 1-800-772-1213, you can use our automated telephone services to get recorded information and conduct some business 24 hours a day.
If you cannot handle your business through our automated services, you can speak to a Social Security representative between 7 a.m. and 7 p.m. Monday through Friday.
If you are deaf or hard of hearing, call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. Monday through Friday.

from the ssa.gov website.

 

[kludge]

mmills - my condolences.

It took about a year for eveything to get back to normal after my father died.

hornadylnl - repped, all good stuff - pay for a lawyer now so your kids won't have to.

 

[in_betts]

Sorry for your loss. These are difficult times to deal with so please remember to not shoot the messenger when you get frustrated, however when there is a pinhead being a jerk that can be a good time to release some pent up hostility. Not advocating being a trouble maker, but get GOOD (references) legal representation and don't expect anything to happen very fast. Except of course as was pointed out if she was receiving Soc. Sec. they will be acting like you are holding up the whole world if you don't return any overpaid money in like 12 hours. But remember those people work for you and you should insist they remain civil and courteous. Silly things like when my Dad passed away there were two days left in the month, but since he wasn't alive the ENTIRE month, the money had to go back to Soc. Sec.

 

[AFA1CY]

Hang on to that POA. Even though it ceases to be valid at time of death, the post office still requires you have it to change her mailing address to yours.

 

[AFA1CY]

mmills - my condolences.

It took about a year for eveything to get back to normal after my father died.

hornadylnl - repped, all good stuff - pay for a lawyer now so your kids won't have to.

Took me about three years. Kept getting medical bills that insurance/medicare was suppose to pay. Just ignored them and some finally did their job and paid them. Finally ended up with a bill for $40 that no one would pick up. Ended up paying it. Also found a credit card three years later that was still active!

 

[hornadylnl]

Anyone wanting to file a claim on an estate must do so within 90 days of it being filed. This is what my attorney told me. He said don't be offended if anyone does as some hospitals, etc will go ahead and file a claim even if they don't know if you owe them money or not so they already have it started before the 90 days runs out. From my understanding, if someone wants to say you owe money for this or that after the 90 days, you can tell them to get bent if they didn't open a claim.

I just a got a bill for under $20 for something a year ago. I will go ahead and pay it but just wanted to let you know not to let people bully you.

 

[don't_tread_on_me]

I'm sorry for the loss. There are two different types of power of attorney documents. The durable power of attorney remains in effect in the event the principle becomes incapacitated. I'm not an attorney so I don't know if it will continue to be effective in the event of the principles death, so I would check with a family or estate attorney. You will find just about everyone has different policies regarding releasing information and gaining access to accounts. Have plenty of certified death certificates and plan on having to obtain signature guarantees if there are any mutual fund accounts in your mothers name. You will also want to ask if a tax waiver is necessary. If she resided in Indiana I do not believe it will be necessary. Again, check this with an attorney. If there is not a will and the estate is less than $50,000 in the State of Indiana it is possible to use the small estates laws to avoid probate, anything over $50K and it goes to probate if my memory servers me correctly. There's a lot of information that must be gathered and an attorney can save you some frustration. Especially, while you are trying to mourn your loss. Again, my condolences and I hope this bit of info helps in some way.

 

[don't_tread_on_me]

To take that one step further, if you know you are terminally ill or up there in years, get your childrens names added to your bank accounts, lock box and any bills you may have. That will allow them to do stuff without a power of attorney. My wife's name is on all of my accounts, be it checking, savings, cd's or whatever. If her name isn't on them, they will not allow her to touch them or give her any info without a power of attorney.

I would make sure you get clarification on the POA. A general POA is can be revoked in writing or verbally at anytime so some financial institutions(at least the one I used to work for) will not accept them in the event the principle is mentally incapacitated. Where as the durable POA continues to be in full force and effect even in the event the principle becomes mentally incapacitated.