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My sister passed away and I was not informed until 3 days later I live one mile away. she had will be probated. excuetor/benificiary has taken property with out my Knowledge this is all before will is filed. What?
Oh, igloo572...I know, don't you hate autocorrect? I usually keep it disabled because it can be so annoying when it insists on changing something you write to "correct" it, causing an error. Sorry for pointing the misspelling out but I just have an urge to do that for some reason. Thanks for being a good sport about it and not getting offended!
2nd - I'm very aware of the distinction but autocorrect often defaults to most common usage which is interstate. Just like often quit claim will auto to quick; usafruct to use from....Nice that you can proofread & copy check.
I can tell you from personal experience...my mother-in-law died several months ago. Her son, who she willed everything to, called only his eldest sister to let her know her mother had died. She in turn called the other 3 silbings to share the news. None of the siblings now speak to the brother that got all her assets - he will never see or hear from any of them again. They feel he influenced and manipulated his mother to his advantage. So he did what was best for himself financially, but he will pay in isolation from his siblings for the rest of his life. He would probably tell you it was worth it. Greedy people don't care who they step on to get their hands on unearned cash - even their own brothers and sisters. If I have learned one thing in the past 10 years it is this: Never underestimate the greed of some people!!
igloo172: your statement on 1/16 ..."If no will, they are considered to have died "interstate"." I believe the term you were looking for was "intestate", which means "without a will". Interstate is a highway you drive on, like I-25, or refers to "across state lines". Don't get all offended...just a little free English lesson from me to you.
The answer to your question depends on a number of things. Are you a fiduciary (person responsible to manage assets) named in the decedent's Trust or Will? Are you aware of assets that have been designated to pass to other people?
There are probate and trust laws that protect surviving relatives and require notice. The only way to be sure about your legal responsibilities is to consult an attorney in your state who will listen to your circumstances, and explain how the law and regulations apply.
Beyond the legalities, other posters have pointed out the moral and ethical duties that we have to kindred who share in our lineage. How you handle the situation will be remembered for years to come.
Some in some situations, survivors are justifiably concerned for their own safety and well being. Here again, a probate attorney can advise you. Using an intermediary, there are ways to provide notification and information to others, without putting yourself in direct contact with someone who may not want to deal with.
personal observations. There really is no simple way to determine if there is a will. If he person who died didn't share the will with anyone including the executor the will vanishes. If no-one files the will for probate it becomes invisible. In Mass is the estate is very small probate may be bypassed.
Where is a death certificate filed? What family information is included, any?
Sunnygirl1, I really don't think you have any LEGAL obligation to personally notify other relatives of your cousin's death. What do you think your cousin would want? I guess I would let that be my guide.
Legal requirements might come into play if relatives are named in the will. Since you know that to be not the case, that probably does not apply here. I'm sure the lawyer will advise you if all relatives need to be notified.
Thanks Pam. But none of that seems to apply to a person notifying a sibling at the time of death. Probate, yes, but that may not be until some time after death -- after the funeral, for instance.
When my husband died, I notified our children within an hour. I notified creditors, the bank, etc. within a few weeks. I did not notify his siblings at all. There was no probate.
I am NOK for my mother. When she dies I don't believe I have a legal responsibility to notify my siblings. (I will, of course. There are no estrangements here.) Social Security doesn't care who I notify, besides them. Health Dept regulations say what the hospital or funeral home or hospice team has to do but I doubt they have anything to say about what I as NOK have to do. Probate laws don't apply unless there is something to probate, and even then they don't apply at time of death.
I am questioning what LEGAL requirements the poster would have to notify her sister or anyone else at the time of death. If the sister is in the will, yes, she will have to be notified. And certainly many other persons/entities have to be notified (though not, perhaps, by someone in OP's situation.) Many states don't require a published notification.
It is certainly true that a death cannot be "private" -- many parties must be informed.
But whether bestwishes must personally tell her sister is another question altogether. Bestwishes, I suggest you contact a local funeral home with your question. They are most likely to be familiar with local laws regarding such matters. Or if you have dealt with an Elder Law attorney, that should be a quick question for them to answer
I don't know why you are asking this question -- it sounds like there is something sad in the background here -- but I suggest that you check for official requirements in OK. Laws vary by state, and unless someone here happens to have some experience in OK I doubt that any of us can advise you.
Oh, I'm the only person named in the Will and am the sole person named as the Life Insurance beneficiary. I was the only person who helped her with her issues during most of her life. When she was disabled with arthritis and her mom died, I paid all her living expenses for over a year pending her disability claim, went into her home and took care of her when she fractured her foot, my mom went when she fractured her ankles, and other things. I guess the other cousins think that's just what we do.
I have family pictures that I will keep a digital copy of. If they wanted them, I would think they would ask during the last year and a half. Whenever, I talked to them, I got the feeling they were uncomfortable and in a hurry to get off the phone.
It depends on the laws in each state. In my state, with probate, you only notify the person who are named in the Will, if there is one, and of course to any creditors. But, that doesn't have to happen immediately. So, I'm still considering whether to contact the people who have dropped away from her life.
Probate laws, Social Security laws, Health Dept regulations all come into play. Then there is hospital policy; they notify the contact person of record, as shown in the admission records. They notify the State, they issue the death certificate. The Executor handles the execution of the Will and legal notices associated with that. The daughter is notified at her last known address and then, the state imposes a waiting period for estate to remain open, allowing heirs and creditors time to present a claim.
pamstegma, I am interested in the source for this information for OK. I know that does not apply in MN so I am curious how this works. Is it a family member's duty to do this, or is it the executor of the estate who must do it? If two cousins are at the hospital when their aunt dies, do they have to notify the estranged daughter of the aunt? Which cousin has that responsibility? How much effort/expensive must they go through to locate her? Does the hospital have any responsibility here? If the hospital notifies the deceased's son, does it become his responsibility to track down the sister he has had no contact with for 32 years?
I know that this has little to do with the OP's question, but I am now really curious about this law.
If there is a will, then whomever is named as an heir in the will must be notified. It does not have to be an obit in the paper. It can be by email or letter, but you could have to show this was done for all heirs. If you don't know their whereabouts, you have to show a reasonable attempt to find them.
If no will, they are considered to have died interstate. This is a lot stickier as anyone who could have an interest In the estate or assets of the estate needs to have an opportunity to be made aware of the death & respond over a set period of time. An obit notice & an legal notice (like a Summons in the paper, but depends on your states laws on this) usually has to be done for this.
This is a little different take on it, but what would you all do in this situation?
What if the surviving relatives are cousins (On her dad's side of family. I'm from her mom's side.) who have no contact with the dementia patient? They were informed when my cousin was first diagnosed as to her condition, but they stopped communicating. They never called, visited her or made any offer to help me. Also, the old best friend has no interest at all. They don't call, send cards, leave messages or visit her at all. I suspect they fear that she may need money, but that's not the case. I ask nothing from them as her DPOA and HCPOA. It's been over a year, since I heard anything from them. It's as if in their mind, she has already passed away. Some of them are seniors, (over 80) but some are in their 60's. I can't see why I need to call them when she passes. I'll just put an Obit in the paper. Am I missing something?
There is no law that obligates you to notify your siblings of a parents death. What is law is notifying heirs of the estate. Os there reasons for holding back notification of parent's death?
In Oklahoma, yes, because they would be considered as "interested parties", particularly if there is a Will or probate procedure. Oklahoma also requires proof such notices were sent AND published in newspapers.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
There are probate and trust laws that protect surviving relatives and require notice. The only way to be sure about your legal responsibilities is to consult an attorney in your state who will listen to your circumstances, and explain how the law and regulations apply.
Beyond the legalities, other posters have pointed out the moral and ethical duties that we have to kindred who share in our lineage. How you handle the situation will be remembered for years to come.
Some in some situations, survivors are justifiably concerned for their own safety and well being. Here again, a probate attorney can advise you. Using an intermediary, there are ways to provide notification and information to others, without putting yourself in direct contact with someone who may not want to deal with.
Where is a death certificate filed? What family information is included, any?
Legal requirements might come into play if relatives are named in the will. Since you know that to be not the case, that probably does not apply here. I'm sure the lawyer will advise you if all relatives need to be notified.
When my husband died, I notified our children within an hour. I notified creditors, the bank, etc. within a few weeks. I did not notify his siblings at all. There was no probate.
I am NOK for my mother. When she dies I don't believe I have a legal responsibility to notify my siblings. (I will, of course. There are no estrangements here.) Social Security doesn't care who I notify, besides them. Health Dept regulations say what the hospital or funeral home or hospice team has to do but I doubt they have anything to say about what I as NOK have to do. Probate laws don't apply unless there is something to probate, and even then they don't apply at time of death.
I am questioning what LEGAL requirements the poster would have to notify her sister or anyone else at the time of death. If the sister is in the will, yes, she will have to be notified. And certainly many other persons/entities have to be notified (though not, perhaps, by someone in OP's situation.) Many states don't require a published notification.
It is certainly true that a death cannot be "private" -- many parties must be informed.
But whether bestwishes must personally tell her sister is another question altogether. Bestwishes, I suggest you contact a local funeral home with your question. They are most likely to be familiar with local laws regarding such matters. Or if you have dealt with an Elder Law attorney, that should be a quick question for them to answer
I don't know why you are asking this question -- it sounds like there is something sad in the background here -- but I suggest that you check for official requirements in OK. Laws vary by state, and unless someone here happens to have some experience in OK I doubt that any of us can advise you.
I have family pictures that I will keep a digital copy of. If they wanted them, I would think they would ask during the last year and a half. Whenever, I talked to them, I got the feeling they were uncomfortable and in a hurry to get off the phone.
I know that this has little to do with the OP's question, but I am now really curious about this law.
If no will, they are considered to have died interstate. This is a lot stickier as anyone who could have an interest In the estate or assets of the estate needs to have an opportunity to be made aware of the death & respond over a set period of time. An obit notice & an legal notice (like a Summons in the paper, but depends on your states laws on this) usually has to be done for this.
What if the surviving relatives are cousins (On her dad's side of family. I'm from her mom's side.) who have no contact with the dementia patient? They were informed when my cousin was first diagnosed as to her condition, but they stopped communicating. They never called, visited her or made any offer to help me. Also, the old best friend has no interest at all. They don't call, send cards, leave messages or visit her at all. I suspect they fear that she may need money, but that's not the case. I ask nothing from them as her DPOA and HCPOA. It's been over a year, since I heard anything from them. It's as if in their mind, she has already passed away. Some of them are seniors, (over 80) but some are in their 60's. I can't see why I need to call them when she passes. I'll just put an Obit in the paper. Am I missing something?
one of my sisters died. no one was notified I spotted it on a notice on Internet.