SIL passed this morning around 4:30 a.m.
We had spent most of Sunday at her home ... she was ready to go. Her body was pretty much shutting down when we left.
--
Today we have been making phone calls and figuring out the next steps.
As we were at her long time partners home discussing the memorial service, we found out that she had never finalized her divorce from her second husband.
This husband is incarcerated in the state pen for murder - for life.
This throws a big monkey wrench into everything and none of us are sure how to proceed. (Definitely not the way one person suggested - just not notifying the incarcerated husband!)
Of course this happens on a holiday weekend so we can't talk to anyone.
She didn't leave a will, so my DH was taking on the executor details himself (with my help) but now that we know she is still legally married. ... We just don't know what to do.
Is her son still legally able to consent to her being cremated? Will the money in her account, plus her delayed disability money from the railroad go automatically to the incarcerated husband? Would we be in trouble if we used some of it to pay for the cremation and memorial expenses?
UGH!!
DH is pretty upset right now. His sister knew the end was coming for at least the past year. She had time to get all of this figured out. To make her wishes known. But instead she hid how serious it was from everyone except her partner.
SIL Passed - Legal Connundrum
July 3rd, 2017 at 09:56 pm
July 3rd, 2017 at 10:09 pm 1499119756
July 3rd, 2017 at 10:32 pm 1499121125
July 3rd, 2017 at 10:34 pm 1499121296
July 3rd, 2017 at 11:15 pm 1499123717
July 3rd, 2017 at 11:29 pm 1499124566
Do income tax documents give any clues of status? Would old police records reveal whether there was a Power of Attorney? Was it ever revoked? Can his holding institution offer any help?
July 3rd, 2017 at 11:54 pm 1499126059
July 4th, 2017 at 12:28 am 1499128113
-Small estate affidavits typically can't be filed ( here in WA it is done at the local courthouse)for 30 days after death and require a certified copy of the death certificate.
-When it is available, request at least 4 certified copies of the death certificate- every place will need it-some places will just take a copy and hand you back the original but some will retain an original.
-Her bank accounts- at this point the bank should be notified but they will need the above-mentioned death certificates-typically-also did she have a safe deposit box? Wherever that box is may have different requirements on how to access/close it...Also- at this point NOBODY should be writing /signing checks on her account as it was owned only by her and she is deceased...
- Her disability benefits- you would need to find/contact the administrator of those and find out what documentation is needed....If these benefits were from a while ago, her husband "might" be entitled to that money-It depends if there is a beneficary...
-Creditors-need to be notified- it varies as to what documentation they require..
-Social Security- did she receive this benefit? They need to be notified immediately.
Please keep in mind that some places you/he contact will be very vague as to what they need or even be able to confirm that she even had/has an account or business with that company-this may be in part due to so many scammers who pretend to be a relative in order to gain access to information and/or funds..
With regard to her cremation- I don't know if he can give authority but ( although it doesn't seem "fair") the cost of it will probably fall on you two or the partner for now -once the accounts are straightened out you might be able to recoup some of that.
I agree with the above people that retaining an attorney might be the best idea-
I am so sorry (again) that you are dealing with this.
July 4th, 2017 at 02:32 pm 1499178760
July 4th, 2017 at 11:24 pm 1499210655
July 5th, 2017 at 04:51 am 1499230272
July 5th, 2017 at 02:28 pm 1499264895
July 5th, 2017 at 07:46 pm 1499283968
Legally, you cannot begin or conduct any executor duties if you were not named executor. This will have to be sorted out legally, and I do think you need to retain an attorney. Once an executor is appointed by the court, the executor can certainly use a reasonable amount of money to pay for cremation and burial costs. That is a given.
July 5th, 2017 at 07:51 pm 1499284285
I think you could go ahead and arrange the burial/funeral but I would not do much beyond that without an attorney. I learned all this as I probated my mother's estate. Everything has to be done exactly a certain way.
July 5th, 2017 at 08:14 pm 1499285673
July 6th, 2017 at 12:51 am 1499302316
You might find this article helpful:
http://www.nolo.com/legal-encyclopedia/if-there-s-no-will-who-s-the-executor.html
July 6th, 2017 at 03:01 am 1499310081
I was responding on my phone earlier and didn't realize it was so messed up. I'm glad you could figure out what I was saying PS.
I called an attorney today connected to my EAP program. I had to leave a voicemail. Hopefully I'll hear back from him tomorrow.
PS - I'd read that link before. Good info, but I'm still not sure what to do with regards to cremation. The mortician won't keep her for that long would he?
We already contacted SSI, and will be contacting the railroad (she's supposed to be getting back disability benefits from them sometime.)
July 6th, 2017 at 10:52 am 1499338322
I remember the director of the funeral home talking about a box on the death certificate form where the person filling it out would indicate whether or not there was anything suspicious or unclear about the death. They have that box there so that a funeral director would see it and not do a cremation since an autopsy might be required. This is all dictated by the state. I vaguely remember him telling me there is a certain waiting period before he could do anything, and there's a longer wait period before a cremation since once it's done, it's too late if something is amiss.
July 25th, 2017 at 08:31 pm 1501014718