QUESTION
If my mother died 8 months with no will, no spouse and I am the only daughter and she had money owed to her what should I do?
Asked on Sep 20th, 2014 on Estate Planning - California
More details to this question:
She was married to air force and awarded part of his retirement approximately 10 years ago. Never received any of it. He said he had saved her portion for years and ended up spending it. She died right after locating him. Do I have any rights as her only heir? What can I do to collect? I was helping her to set up a bank account to begin receiving payments from him at the time of her death. I have her divorce agreement, emails between he and I discussing the debt. I have notarized letters from her that I as her daughter am allowed to collect on her behalf. I have her certificate of death. Does he still owe her and am I entitled to anything as her only heir?
4 ANSWERS
Edwin K. Niles
The notarized letter is no longer valid as a power of attorney, as it expires with her death. If the claim is small, you may be able to handle it with a small estate affidavit. Otherwise, you will need to open a probate proceeding and have yourself appointed as the administrator. Her estate has the same claim that she had at the time of her death.
Answered on Sep 23rd, 2014 at 1:15 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain probate litigation counsel or family law litigation counsel, to bring an action to collect all of those arrearages; You will need a lawyer that has experience in the area of law having to do with military retirement benefits.
Answered on Sep 22nd, 2014 at 4:07 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Did she have a will? If not, then you inherit everything, including this debt. Is the total value more than $150,000? If so, you must file a petition for probate and should hire a lawyer. If her total estate is less thant $150K, then you can do a simple affidavit.
Answered on Sep 22nd, 2014 at 4:05 PM
2 Awards
Uphill battle considering the amount of time that has passed. You will need to have all documents reviewed by an attorney. Depending upon the amount, it may not be cost effective to pursue, if you even can based upon the amount of time that has passed. If there was a QDRO, you will have a much better chance.
Answered on Sep 22nd, 2014 at 11:25 AM