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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.
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Did she have a will? If she died with a will but no assets & the insurance policy is tied to her funeral & burial & not an asset of the estate, then whomever is named executor can decide whether to do probate or not. There is no rush to open probate either. Check with your state but most allow for a year to even open probate if you decide to.
If no will, she died intestate & it's the states problem.
The cc is an unsecured creditor & the debt died with her.
The FH usually will order death certificates as part of the process. Although usually at a separate cost not covered by insurance policy. I'd suggest you or whomever is the excutor order 1for each of her children and maybe a couple others. 1 goes with a note to the CC. If she rented and had utilities or phone, they may want one also to close out the account. If the funeral $ is actually a life insurance policy rather than a preneed funeral one, the life insurance co will need the death certificate to get policy paid out. FH are pretty knowledgeable as to how this works but please be clear to emphasize that there are no other funds but the insurance policy if that is the case. Funerals average cost 8 - 10K.
Speaking as a foreign amateur, I'd simply contact the credit card company to inform them of their customer's passing away and ask what to do. They probably have a system, and it's probably straightforward. They will need to see a death certificate in due course, I expect, but why volunteer information about her estate unless they ask?
In Illinois, regardless whether or not there is money in the estate, credit card balances disappear. When I called mom's cc company to cancel the card, they checked on line for an obituary and cancelled her outstanding balance. I don't think that was the cc company's policy. I think it was the law.
The siblings don't at all have to get a copy of the will or see it. The will as a legally binding document goes to the courthouse....where it is filed and become public record. Personally I would not give any copies out.....
I'd step back a bit and first determine a rough value of the estate- the assets of the estate- & then allow for maybe 60/90 days to determine the debts against the estate - like her credit card bill, bills for funeral, burial, medical, etc. If the house was properly transferred to your bride name & recorded at the courthouse 12/15 years ago then house it is NOT an asset. I'd do these two items first to see what kind of probate needs to be done if at all.
Find out probate types for your state, like can you do small estates affidavit, a muniment of take or just full probate. & if you can do this pro se. If your state requires an attorney that is going to have costs. I'd say 3K plus court costs.
Go to your county courthouse on line site to see what's what. If you live in a small county, try the courthouse site of a county with a big city in it as they probably have probate rules & descriptives in it.
Don't let her siblings pressure her to do things now. They are probably not going to try that approach with you, but get at you through her.
Also if you do the "take what you like from the house" event, put rules on this. Otherwise cousin Lucy will show up with 3 teenagers & a van and haul it to the top whether they want stuff or not as they are greedy pigs. I'd video the house & it's interiors with your phone before a pencil is taken too.good luck.
You need to contact the credit card company. When you get a death certificate, they'll want you to provide it to them. That may make it go away - it depends on how much she owes. In many states, it's a good idea to start a probate estate with the local probate court, even if there aren't any assets. Perhaps you can check with a no-or-low cost attorney thru legal services (available in every state).
If other family members butt in, tell them that you appreciate their interest and you will expect their help with the funeral expenses. Tell them to put up $1200.00.
Please do not divide up the household items, until you speak with a lawyer. The hh items may be needed to sell, to pay bills....last illness, cleaning the carpets (did they rent or own their home? Either way it has to be cleaned out, as in, ready to rent or be sold). There could be some items of value--and there could also be Property Lists attached to the Will, which say that the rocking chair goes to a certain person. ...you dare not give that chair away to person X if it really HAS to go to person Y. please seek competent legal advice.that is tailored to this specific estate, you could get into big big trouble if you do it wrong (and it sounds like you're already concerned about family? belive me, it won't get any better, you could wind up paying your own personal funds to defend your actions in Court).
As far as the house it was transferred to my wife approximately 15 plus years ago and she has been providing around health care for her mother for that and then some. There has been trouble from other family members in the past and it is not getting any better. They are more interested in money instead of the loss of their loved one. There are no cars or other assets involved that we are currently aware of. We do know that certain things go to certain people and that will be taken care of as soon as my wife feels up to it.
The house belongs to your wife. Including everything inside. End of that story. The death cert. Should be enough to close out the credit card with no payment as long as no other name is on the account. If you feel like giving some things to relatives, go ahead. This is how it is in CT. Check with a lawyer in your state. Your area agency on aging might have names of low-cost or pro bono lawyers.
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.
If she died with a will but no assets & the insurance policy is tied to her funeral & burial & not an asset of the estate, then whomever is named executor can decide whether to do probate or not. There is no rush to open probate either. Check with your state but most allow for a year to even open probate if you decide to.
If no will, she died intestate & it's the states problem.
The cc is an unsecured creditor & the debt died with her.
The FH usually will order death certificates as part of the process. Although usually at a separate cost not covered by insurance policy. I'd suggest you or whomever is the excutor order 1for each of her children and maybe a couple others. 1 goes with a note to the CC. If she rented and had utilities or phone, they may want one also to close out the account. If the funeral $ is actually a life insurance policy rather than a preneed funeral one, the life insurance co will need the death certificate to get policy paid out. FH are pretty knowledgeable as to how this works but please be clear to emphasize that there are no other funds but the insurance policy if that is the case. Funerals average cost 8 - 10K.
Sorry for your loss.
Wait a week and call.
I'd step back a bit and first determine a rough value of the estate- the assets of the estate- & then allow for maybe 60/90 days to determine the debts against the estate - like her credit card bill, bills for funeral, burial, medical, etc. If the house was properly transferred to your bride name & recorded at the courthouse 12/15 years ago then house it is NOT an asset. I'd do these two items first to see what kind of probate needs to be done if at all.
Find out probate types for your state, like can you do small estates affidavit, a muniment of take or just full probate. & if you can do this pro se. If your state requires an attorney that is going to have costs. I'd say 3K plus court costs.
Go to your county courthouse on line site to see what's what. If you live in a small county, try the courthouse site of a county with a big city in it as they probably have probate rules & descriptives in it.
Don't let her siblings pressure her to do things now. They are probably not going to try that approach with you, but get at you through her.
Also if you do the "take what you like from the house" event, put rules on this. Otherwise cousin Lucy will show up with 3 teenagers & a van and haul it to the top whether they want stuff or not as they are greedy pigs. I'd video the house & it's interiors with your phone before a pencil is taken too.good luck.
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