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Recent Next of Kin questions

My sister recently passed away in California. All I have is

My sister recently passed away in California. All I have isHer will naming me executor over her medical and personal belongings. I need to close out her bank account and find out what to do with her car she recently purchased and was making payments on. I have her death certificates. Her final wishes have been taken care of. She had nothing but her car. She signed and dated the letter but passed before she could have it notarized. Will this be enough or what else will I need. Does california even accept self made willsJA: What state is this in? And how old is the car?Customer: California and I am not sure but fairly new. I need to get over there and get her paperwork togetherJA: Has anything been filed or reported?Customer: She has been cremated as per her final wishes. I have the death certificates from Sonoma County.JA: Anything else you want the lawyer to know before I connect you?Customer: Does this have to go to court it has been a month already and I can't get any straight answers because I am on social security and don't have the money for a lawyer

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,342 satisfied customers
Niece died this week. She was not married, no children,

niece died this week. She was not married, no children, parents dead. No money to be buried. The only processions are two older vehicles worth a total of $5000 registered in her name. There is only two other aunts alive which can not afford to pay funeral cost. I have made arrangements for her funeral which will cost $8,300. Is there any way I could sell the vehicles to help with the expense?JA: What state is this in? And how old is the car?Customer: Alabama. Cars are 2003 and 1999JA: Has anything been filed or reported?Customer: nothing has been file. I will report her death to Social Security as soon as I get the death certificateJA: Anything else you want the lawyer to know before I connect you?Customer: She has no other processions but clothes and a TV, She rents, just started receiving $990 a month disability in January.

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RobertJDFL

Attorney

Juris Doctorate

14,666 satisfied customers
My husband and I have two children but no will. Do we need

My husband and I have two children but no will. Do we need one? What happens if we don't have one?

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LegalGems

Juris Doctorate

18,156 satisfied customers
A very dear friend of mine died from a drug overdose. She

A very dear friend of mine died from a drug overdose. She was in her early 30's. Her mother died of a overdose. Her dad was never listed on her birth certificate. Her only living brother is in prison in Michigan. Her sister wanted me to take care of funeral arrangements. I offered to do this and was happy to help. I had plans started and all of a sudden the sister put a stop to it with no explanation to anyone not even family. My friend Amanda)died last October and she is still at the funeral home. The sister has no intentions of paying because she told me in a text message she didn't have any money. The funeral home has called her several times and she will not return calls. How can I legally get Amanda's ashes so I can give her a proper burial? Amanda and her sister didn't get along so I'm not sure why the sister did this in the first place unless it was a way to get back at her.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Has anything been filed or reported?Customer: As far as what? I have not filed anything. I've talked to the funeral home and they said they don't expect to be paid or for the sister (Sara) to pick up the ashes.JA: Anything else you want the lawyer to know before I connect you?Customer: I just want to know how long a person can let something like this go before someone else can step in

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,782 satisfied customers
To give you some background….. My girlfriend of 40 years,

To give you some background…..My girlfriend of 40 years, aged 83, died of breast last Sept. Her assets included some furniture amounting to about $2000 from an estate sale I coordinated and approximately $40,000 in a credit union account. This was from a pension fund from her late husband and her social security benefits. She had no other assets. She left NO will. In early June 2016 I became her Power of Attorney, because I thought she had no one else to take care of her. She lived in Riverside, Ca. and I live in Fremont, CA. Thus I was making trips back and forth to take care of her needs. I made arrangements for her health care in a long term nursing facility and got her into Hospice. I paid all her bills, including back rent at her senior apartment, auto insurance and arranged and paid for her cremation and burial expenses from funds in her credit union account.In all the years I knew her, she lead me to believe her first husband and two children died in an auto accident. However, in going through her personal affects I learned her two children did not die in the accident. Rather she abandoned them and their father. She remarried; had four more children and abandoned them and their father as well. I learned this from letters and telephone conversations with one of her daughters and two granddaughters. She was Mormon and I have quite an extensive family history on her from two of her granddaughters.As her POA, I took money from her credit union account, which was located in Riverside, and and set up another account in my name, in Fremont, in order to pay any bills and her tax liability.In going through her personal papers I discovered she was in arrears in Fed and State income taxes. Those taxes have since been paid and I just paid her 2016 taxes. I figured whatever monies were left over I would try to hunt down her children and give them the money. I'm told by both granddaughters that the other children wanted nothing to do with their mother. None of her descendants are aware of the monies in the account I have, nor the monies in her Credit Union account.Her Credit Union account has approximately $23,000. However, it's my understanding, that when she died, my responsibilities as her POA terminated. I notified the CU manager of her death, however for whatever reason, I can still access her CU account. Prior to her death, I received two checks in her name from her insurance provider, CALPers. I deposited those checks into her CU account. I mistakenly assumed those checks were reimbursements for previous payments made to cover medical costs. I have since learned those two checks should have gone to her nursing home. I have tried taking to the manager at the credit union and the business manager at the nursing home has tried talking with him too. He is giving us the run around.You also need to know there is a beneficiary on her CU account. When she got sick I tried to contact her beneficiary. She came to see my friend once and has never been heard from again. At this time, I do not know how to reach her. I do not believe she is aware she is the beneficiary and the CU manager told he has no obligation to find her. She was the nail person my friend befriended in the last couple years of her life.According to my CPA, since I was her POA and I have also acted as her “executor” I can petition the court to get the monies in her Credit Union account. So, my question for you is……..Is that true? If so, how do I go about doing that? Help!

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ScottyMacEsq

Doctoral Degree

24,234 satisfied customers
MY father brother and myself owned land together in North

MY father brother and myself owned land together in North Carolina which was registered in my father's name. My father and brother have sine died. I and paying the tax yearly but the bills are in my fathers name. I would like to know how to change it to my name which will authorize me to sell, rent lease or whatever???JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: Carthage North CarolinaJA: What documents or supporting evidence do you have?Customer: nothing but the tax statementsJA: Anything else you want the lawyer to know before I connect you?Customer: Yes my father, whom was living in Durham North Carolina at the time of his death had a will. My copy was destroyed by a flood in my basement. My brother had no will, and lived in Hampton VA at the time of his death.

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LegalGems

Juris Doctorate

18,156 satisfied customers
MY MOTHER PAST IN 2009. I WAS LEFT EXECUTRIX OF THE ESTATE.

MY MOTHER PAST IN 2009 . I WAS LEFT EXECUTRIX OF THE ESTATE. FOUND OUT SHE HAD SHARES WITH ***** *****COCK. PROBATE COURT SAID THEY WENT TO ME. ATTORNEY FILED THEM TO THE ESTATE. WHAT CAN I DO WITH THEM. MEAN WHILE I PAID BILLS OUT OF MY MONEY TO KEEP MY FATHER IN HIS HOME CAN I TAKE THE MONEY BACK FROM THE SHARES I THOUGH THE SHARES CHECKS SHOULD BE IN MY NAMEJA: Since laws vary from place to place, what state is this in?Customer: I AM IN MAJA: What documents or supporting evidence do you have?Customer: I HAVE ALL THE CANCEL CHECKS FROM MY ACCOUNT FOR THE BILLS AND THE LETTLER FROM THE PROBATE COURT SAYING THEY HAD TO COME TO MEJA: Anything else you want the lawyer to know before I connect you?Customer: NO

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LegalGems

Juris Doctorate

18,156 satisfied customers
My dad died in 2006. He had a trust and I believe a will. I

My dad died in 2006. He had a trust and I believe a will. I was next of kin and I have a younger brother with special needs. My aunt was appointed beneficiary and trustee of his estate. It's been 10 years and she has taken the estate for herself. Do we have any rights?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: IndianaJA: Has anything been filed or reported?Customer: I looked into it in 2006 but didn't have money to pursue it and was pregnant at the time. I let it go thinking my aunt the trustee and beneficiary would do right by us. Everyone knew he made the trust when we were minors and verbally told her to take care of us.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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Infolawyer

Attorney

Juris Doctor.

42,494 satisfied customers
I am the executor of a Will/Estate for a distant cousin who

I am the executor of a Will/Estate for a distant cousin who passed away 2 years ago now. Recently became aware of a life insurance policy that we didn't know she had.My cousins beneficiary was her husband who died 3 years before she did. Apparently this policy doesn't then default to the estate automatically they want to find any next of kin first. My cousin had no spoken to her mom since she was 16 and she was 62 when she passed.... and so technically there COULD be her mom, and one brother possibly around. But she never spoke to them and I have no idea if they are alive or dead.The policy wants me as the executor to provide death certificates and the court appointment of me etc. And then to sign an affidavit stating that there isn't any next of kin so that it can go through the estate.Can I legally sign that when I just don't know? I have tried to do a reasonable search, if her mom is alive she would be 89 but i can find NO trace of her through ancestry, death indexes, marriage indexes, background checks etc. It is like she no longer exists, and I know she had serious drug and alcohol issues so I would be shocked if she lived to 89. But I just don't know for sure. I am about 99% sure she isn't around anymore. Same situation with the one possible brother, he was in and out of jail for many years with alcohol and drug issues also and I can't find him.So what would happen if I process everything through the estate and a year or 2 or 3 or whenever somehow one of them just pop up? The policy would be distributed by then and gone? What legal recourse would they have to try to recoup this policy?I have NO idea how much this policy is, could be 1000 or 10000 or 100,000, until I fill out all this paperwork they won't tell me much. I just don't want to go through all of this trouble and have possible legal issues down the line.Just want to know since they haven't been in touch in over 40 years, and I can't find a trace of them, can I legally sign that there is no next of kin, and can i get into any trouble doing so.Thanks

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LegalGems

Juris Doctorate

18,156 satisfied customers
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