QUESTION
If my brother died without a will, wife or children, or any assets, what do I have to do first?
Asked on Feb 05th, 2014 on Estate Planning - Michigan
More details to this question:
My brother recently died at a nursing home. I'm left with his last soc sec disability check, cell phones and bills. He was totally disabled with no assets. What do I have to do? I normally file his taxes for him online each year, do I still need to?
13 ANSWERS
You will probably want to. You should consult a probate attorney and CPA to help you decide what to do. Such consultations can be arranged for a nominal fee.
Answered on Feb 10th, 2014 at 9:34 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No assets other than a check that won't cover all the bills. Do nothing. (Let the creditors no he died and left nothing.)
Answered on Feb 10th, 2014 at 9:34 PM
Edwin K. Niles
You should file a final return. Endorse the S.S. check unless it covers a period after death.
Answered on Feb 10th, 2014 at 9:33 PM
3 Awards
Speak with a probate attorney about steps to handle his estate. Most will give a free consultation.
Answered on Feb 10th, 2014 at 9:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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First, possibly "do nothing" is the right answer. If you start doing things, you may assume some responsibility you don't otherwise have. If you want to, then contact Social Security, see if that last check is earned or needs to be returned; contact the creditors and tell them there are no assets and there will be no probate. Don't pay any creditor until you know what all of them are going to do. There is a statutory order of preference for payment of claims if you pay one bill out of its order of preference, you may become personally liable to a higher-priority creditor. Does he normally have to pay tax when he files? Then don't pay anybody anything until you have his taxes figured out taxes are a high priority.
Answered on Feb 10th, 2014 at 9:32 PM
Thomas Edward Gates
You need to contact the cell phone company, credit card issuers, etc. and provide them a copy of his death certificate. You will also have to contact social security. He will have to file an income tax form for this year.
Answered on Feb 10th, 2014 at 9:30 PM
Check the intestacy laws of the state your brother lived in. You may be able to close the estate with a simple form along with an accounting of the assets and the bills. Any assets must be used to pay off the bills in an order set by state statute. If there are not enough assets to pay all the bills, notify the creditors of this. You will also need to file taxes for the last year he was alive and for the estate.
Answered on Feb 10th, 2014 at 9:29 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Based upon your statement of "no assets" you can file for a small estate (less than $25,000). But if all you are doing it for is a cell phone and social security check, it might not be worth the time and cost, especially if the check is owed to the nursing home or other debt. Contact counsel to determine if worth pursuing.
Answered on Feb 10th, 2014 at 9:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know that you need to do anything other than use the last check to pay bills. Without anything to distribute and with no property, there really is not an estate. You might want to talk with a local accountant about whether there is any reason to file a final tax return. I can't think of one unless there is a refund, in which case, it would only go to creditors.
Answered on Feb 10th, 2014 at 9:29 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the Social Security check was issued for a period that began after the date of his death it must be returned (If he was alive on the first day of the payment period the check can be kept). If the Social Security check can be kept the funds can be used to pay creditors. You can use a Small Estate Affidavit to deposit the check into an account and draw on the check to pay his bills. You have no personal liability for his bills but you must pay his expenses before you can receive any distribution of excess funds, if any. Funeral and burial expenses take priority over other creditors. If the remaining funds are insufficient to pay all creditors then the funds are spread proportionally among the creditors. A final tax return is due for the period from the beginning of the year until the date of his death.
Answered on Feb 10th, 2014 at 9:28 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You don't have to do anything. You are not liable for his debts, and there are no assets to distribute.
Answered on Feb 10th, 2014 at 9:27 PM
2 Awards
Yes you should file his taxes. You should cancel his cell phone and contact Social Security to find out if he is entitled to that last check. If not, you will need to return it and call the creditors to tell them he is passed and there is no money to pay the debts. If you can keep it you can use it to pay the bills. You will have to wait 40 days and complete a small estate affidavit which you can find on the internet.
Answered on Feb 10th, 2014 at 9:27 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If there are no assets, there is nothing you need to do. You are not obligated to pay any of his bills. You can use an Affidavit of Decedent's Successor form to cash the check. Whether it is worth doing that or not depends on the amount of the check, but there is little cost in using this procedure. You can find the form (PC598), here: courts.*mi* .gov/administration/scao/*forms*/pages/estates-and-trusts.aspx
Answered on Feb 10th, 2014 at 9:24 PM