is there a legal form for my step mom to sign to to allow me to handle my dads affairs he just passed he has been living with me for 10 months in california and she lives in ohio
Country relating to Question: United States
State (if USA): California
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I'm sorry to hear about your loss. Did your father have a will at the time of his death?
he did but i dont have it he forgot it in ohio when he left we had planed to go back to try and retrive it along with some other things he left but that never happened
Is your stepmother in agreement with you that you should handle the estate?
she just wants the death certificate she said "do what ever you want with him i dont care i am not paying for anything"
Can you tell me what the approximate value of his estate was at the time of his death (including any real estate owned, bank accounts, stocks, bonds, IRAs, etc...)?
he died on monday afternoon yesterday she called me 3 times no hi how are you nothing just do you have the deth certificate yet
he had nothing i had been taking care of him financially for the last 6 years all he had was a bunch of debt
So what affairs would need to be taken care of?
his cell phone was on my account he had no bank accounts i western union him money gave him pre paid cards with cash visa master card types gas cards for gas for his car
well most important right now is he is sitting in the morgue and since he is married i cant bury
Thank you. One moment please while I research this, and will get back to you shortly...
there has got to be something she can sighn saying i want no part of him she can deal with whatever
Thank you for your patience. Most likely a "Declination as Executor to Serve" will suffice, but really it depends on the specific morgue that is handling the matter. Here's the form that you can use: http://www.kanawha.us/shared/content/Page_objects/pdfs/fiduciary/Declination%20as%20Executor%20or%20Executrix.pdf. You can also use the following form for handling a small estates situation (as your father has): www.123readylaw.com/forms/SmallEstateDec.pdf. Both forms would have to be filled out, signed, and notarized (the first one by your step mother and the second by you). Basically you can tell your step mother that she's responsible until she fills that first form out and returns it to you. That might make her more likely to do it. The second one is for you to fill out, record with the county recorder of legal documents, and with that form you can generally do the things that only an administrator of the estate could do.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!
wait so the pdf is just blank
Sorry, the link is not correct. One moment...
The specific entries are blank (for names of the executor, deceased, counties, states, and other relevant information that is situation specific.
so do we put her city state of his where he died
His, as that would be the jurisdiction of where any legal action would be taken.
or* not of
okay thank you so much!
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!
what a weight off i have been calling unhelpful mortuaries that wont even speak to me until i have the paper work and googling for hours
Understood. I hope that this helps and that you won't have any other issues.
Again, my pleasure, and again, good luck to you!
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Licensed Texas General Practice Attorney
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