Looking for legal advice

[kemrefarms]

My neighbor who was a best friend passed away unexpectly. She had no relatives. The coroners office took her to a funeral home, then sealed the house with tape, all windows and doors. It seems that I am the only one who can take care of her business for her. I have been told that she may have put my name on an account somewhere. Of course this is california and laws do differ from state to state. I will talk to the coroners office first thing monday morning to let them know of her wishes. Next, see an attorney to become the executor of her estate ? does anyone have any information on how to proceed with this mess?

[tinknal]

Originally Posted by kemrefarms

My neighbor who was a best friend passed away unexpectly. She had no relatives. The coroners office took her to a funeral home, then sealed the house with tape, all windows and doors. It seems that I am the only one who can take care of her business for her. I have been told that she may have put my name on an account somewhere. Of course this is california and laws do differ from state to state. I will talk to the coroners office first thing monday morning to let them know of her wishes. Next, see an attorney to become the executor of her estate ? does anyone have any information on how to proceed with this mess?

I would first find out if she had an attorney and if so then contact them.

[Mike in Ohio]

The first advice I would give you is not to take any legal advice from postings on a forum...even here.

I do have a few questions and comments.... Please do not take offense.

1) You state that you are the only one who can take care of her business for her. That would seem to be an opinion rather than a fact or legalality based on what you have written.

2) The coroners office will not place any particular weight on your statements as to her wishes. Unless you have something other than your assertion they have nothing to indicate that those are actually her wishes.

3) If she has put your name on an account somewhere you may have legal rights with regard to the account. The exact nature of those rights would depend on how you were put on the account.

4) You do not mention whether she has a will. If she has a will this will have an impact on the disposition of her estate.

5) You are unlikely to be appointed executor of her estate unless she ahs specified this in her will. As simply a friend you would have no particular legal standing compared to being a relative. Unless there is a will, the executor of the estate will be appointed by the court.

I'm not doubting your word, only pointing out that there are laws that dictate what happens when a person dies without a will.

Mike

[Nevada]

Originally Posted by kemrefarms

My neighbor who was a best friend passed away unexpectly. She had no relatives. The coroners office took her to a funeral home, then sealed the house with tape, all windows and doors. It seems that I am the only one who can take care of her business for her.

Other than the account that might have your name on it, where do you believe that you derive standing to take care of her business for her?

[Alice In TX/MO]

Even legal Powers of Attorney terminate at death. Unless you have a copy of her will and are the executor, you have no power or place in her estate or the handling thereof.

Sounds cut and dried, I know, but I've been down this road. Sorry.

[agmantoo]

Alice In TX/MO is 100% correct. I was, via a will, made executor of an estate. The individuals that had power of attorney thought they were the executors and had no idea that the will specified differently. The deceased, while living, told me they would find out upon his death. The deceased was just trying to "keep peace" while alive.

[Welshmom]

What everybody else said. The coroner's office is a good place to call Monday morning, they will take down your info and let you know if they find that there is anything you need to know about. If there are no family, etc. nearby they will send people in to look through effects, etc. for wills, bank account numbers, etc.

Sorry for your loss. There really isn't anything else you can do right now but wait and see what they tell you.

[Karen]

Retired paralegal here. Unless a will is found stating that you are executor of her estate, you have no legal rights - including making her wishes known. You cannot be appointed as executor without a will. If there's no will, it rescinds to the first immediately family member (even if estranged from them), who must then open an estate with the courts. If there is no family; the state becomes the executor and makes the decisions.

As far as the bank account goes, if your name would be on any bank account you would have known. Federal law has required for years now that you must show identification and sign an account card on any newly opened Federally insured bank accounts.

[rambler]

Yea, it will go from a will, if none to the nearest relative - if many they get to fight it out; if none then the state takes control. If you are not named in the will, there is small chance you have any standing.

You might be named on an account - that would have to come up in the estate, would be good if you knew more about it & make sure such is followed by whomever is in charge of the estate.

--->Paul

[kemrefarms]

I would like to thank everyone for their assistance,it has helped alot. Well, with no will anywhere it looks like I can't help at all. No relatives either.

[plowjockey]

Originally Posted by kemrefarms

I would like to thank everyone for their assistance,it has helped alot. Well, with no will anywhere it looks like I can't help at all. No relatives either.

Like other's have stated, this forum should never be the be-all-end-all for any legal advice.

Apparently, you may be allowed to at least petition the court, to be Adminsitrator. This maybe could help you with closure for your loss and possibly what your friend may have wanted.

Does not hurt to ask.

http://www.sandiegoestateplanninglaw...xecutor_1.html

[Old Vet]

Originally Posted by kemrefarms

I would like to thank everyone for their assistance,it has helped alot. Well, with no will anywhere it looks like I can't help at all. No relatives either.

I find it hard to anybody not having any relative at all. you must go to cousins and such before saying no relatives.

[where I want to]

I think you are way ahead of the process. First of all, unless there is a will designating you as executor, you have zero status legally. Your statement about her wishes carries no legal weight unless it is backed up in writing -in a legally binding manner.
First, there is a legal order of inheritance in intestate property. Neighbor is not on that list anywhere. If she left a will designating you as her heir, then you have some standing but still may not be the executor.
You need a will to do anything- no will, you are not her heir.

If you chose to pay for her funeral, the funeral home will probably let you do that after a certain time.

[fordy]

..............If this person died without a will , the judge will assign one of his favorite lawyer buddies too administer the "Estate" , file all the necessary paperwork , trackdown any heirs , etc . The lawyer will endup with a big chunk of the estate assets by charging as much as he possibly can ; every state has specific rules as to the division of estate assets when the person dies Intestate , without a will . Lawyers , always become a "member" of the family where estate assets are concerned . , fordy

[Sawmill Jim]

Originally Posted by fordy

..............If this person died without a will , the judge will assign one of his favorite lawyer buddies too administer the "Estate" , file all the necessary paperwork , trackdown any heirs , etc . The lawyer will endup with a big chunk of the estate assets by charging as much as he possibly can ; every state has specific rules as to the division of estate assets when the person dies Intestate , without a will . Lawyers , always become a "member" of the family where estate assets are concerned . , fordy

You have seen this too

[Gary in ohio]

I suspect youre out of the loop regarding anything about this person. You would know if you had a shared account as you would have recevied statements and/or IRS documents to the fact. I suspect your only option is to wait till the state takes over probate then go to them and let them know of any wishes she might have had. They dont have to listen to you but at least you can let them be known.

[DAVID In Wisconsin]

OP could actually be "named" on a bank account. Some states have POD or TOD accounts. Payable on death or transfer on death accounts don't require probate, just a valid death certificate and the recipient isn't required to sign anything to set one up.

[tinknal]

Originally Posted by DAVID In Wisconsin

OP could actually be "named" on a bank account. Some states have POD or TOD accounts. Payable on death or transfer on death accounts don't require probate, just a valid death certificate and the recipient isn't required to sign anything to set one up.

This is true. Before her death my mom converted most of her assets into PODs. I never saw a statement of any kind until she died.