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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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I am the next of kin to my niece and she was killed on Frid.21st

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I am the next of kin to my niece and she was killed on Frid.21st ,2013. I need information on how to get legal rights to get her buried and handle all the affairs. she had no living will and no beneficiary on her insurance papers. Please can you advise me on steps I need to take in order to have a proper burial thru a funeral home. She worked for Metro access in Washington,DC.
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question. I need a bit more information before I can help you.

You say that you are next of kin for you niece. Can you just clarify what living relatives your niece has?

Also, are you looking for a way to pay for the expenses? Has a death certificate been issued?

Did your niece have any accounts or life insurance?
Customer: replied 1 year ago.

I am trying to help the aunt who is elderly. The aunt is the only living relative and her aunt raised her. I ,James is using my sister computer to help me gather the data for her aunt. The young lady was gay and had been living with her girlfriend. I, James a family friend over the years and has helped the aunt keep her niece basically out of trouble and on many occasion she had to live with me when she was a little unruly, while growing up.

Expert:  John Elder replied 1 year ago.
Thank you for that information. I still need information regarding my questions:

Can you just clarify what living relatives your niece has?

Also, are you looking for a way to pay for the expenses? Has a death certificate been issued?

Did your niece have any accounts or life insurance?
Customer: replied 1 year ago.

I am waiting on information thru email and cannot rate until i received information or either i need to request a refund.

Expert:  John Elder replied 1 year ago.

James,

I still need information regarding my questions:

Can you just clarify what living relatives your friend's niece has?

Also, are you looking for a way to pay for the expenses? Has a death certificate been issued?

Did your friend's niece have any accounts or life insurance?

Customer: replied 1 year ago.


yes the next of kin is her aunt. she had an insurance policy with her job. The death certificate has not been issued. yes looking on how to get the funeral home paid and she had a vehicle that was finace thru her credit union. this is the only accounts I am aware of.

Expert:  John Elder replied 1 year ago.
So your friend is going to need to get a death certificate issued. As next of kin she should be able to make the arrangements with the funeral home but she is either going to have to pay them on her own or guarantee payment in the future if the funeral home will agree to wait on payment. The district may cremate her if there are no other assets. It is possible even if the district cremates her.

It is only after the aunt can get the death certificate that she can go to the probate court in the county where her niece died and apply to qualify as administrator of her estate. The probate court can appoint your friend as administrator which will give her the right to search for bank accounts at the local bank and to file a claim with the insurance company for life insurance. This process can take weeks and sometimes months. It is not going to be a short term solution to get her money to pay the funeral expenses. Unfortunately there is no short term solution to get money unless the niece had a joint bank account with someone. The joint account holder will still have access to the account.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
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