The Public Administrator will not speak with me, I have questions, but I can't get answers from her. So they have seized her home, now her funds, there are no other assets, but where do I stand? My name is on her death certificate, it's been 2 months and no one else has stepped up, what do I do?
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I have to admit though, this is pretty fast for a state to get involved. There is really more going on here. You not being a blood relative really doesn't give u any standing.
I am on my Moms death certificate as the "informant". This just means I gave the funeral director the info needed for the death certificate. It gives me no legal standing.
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If there was a valid will, it needs to be filed in probate court & then rules of probate get followed. If named Executor or beneficiary as per will, you have “standing” as to what happens to assets. Having “standing” is super important. A will in my experience can be filed without actually hiring probate atty. But to become Executor or establish “standing”, it’s not a DIY project as probate is very paperwork & time specific. To get things done you will need a probate atty.
There are different types of wills.... some formally drawn up by estate atty, witnessed & notarized; some downloaded from on-line & signed; & some are “holographic”, they wrote it by hand on stationary or paper & it’s like a dated letter signed listing their intentions for beneficiary’s. I’ve been told that a mailed Christmas card was once used as a valid holographic will as it they wrote on it their intentions in detail & signed it. Wills can be updated by doing a codicil. Look to see if there is a will or anything that appears “will like”.
if NO a will, most states have it so assets of deceased “escheat” to the state. By “escheat” means state assumes control over assets till owners are established & it’s usually done by a person named to be Public Administrator. Administrator has some sort of registration with the state & likely has other escheatments they are dealing with. They assume control over assets for a period of time till either:
- “lineal” heirs are determined. By lineal it’s the deceased kids or if kids dead then their kids. If no kids, then deceased siblings or their kids. If your not family, you can’t do lineal. Marriage & divorce & birth records needed. Aadministrator should go thru some process - like do Notices in newspapers for wherever deceased lived & had assets like last 10/20 years - to find lineal heirs.
- if really no lineal heirs and no others filed to probate court to get “standing”, state will eventually become owner. Will take time, just how long really depends on your states laws on property rights. For some states, like mine, it can be forever to get done & all the while property taxes pile up & with hefty interest & fees.
Unless you are a lineal heir, or beneficiary with standing or adjacent property owner, or can show your own personal property was in the house (so you need access), the Administrator doesn’t have to respond to you.
If Administrator changed locks or put locks on gates, probably was required to secure / protect property. State may have contracts with service providers like locksmiths, lawn care companies, electricians, etc to do work for “escheated” properties. Between property taxes & service work, property can have all kinds of post death debts.
If they had predeath debts, creditors can file claims. Since she had a home, there were utility bills, phone bills etc getting unpaid; so eventually they will file a collection or claim against her / her estate or her property. Administrator probably has gotten all shut off to keep debts down.
if your friend was on Medicaid at all over age 55, state has to attempt a recovery (MERP) of $ Medicaid paid. If you know that she was on Medicaid, the Medicaid tally may be more than house is worth & more than she left in a bank account. There’s a whole group of exemptions and exclusions & rules to MERP, but they are tied into family / beneficiaries to get done or as a claim to an estate in probate.
My point in all this is:
if no standing = no inheritance
if home & debts = will be creditors = legal to get thru by heirs.
May, just may, be you’re best off not being a heir & having to deal with this as homes can be valued at less than debts of the Estate.