QUESTION
What can my friend do if his mother past away and he is the only heir but she didn't leave a Will?
Asked on Nov 19th, 2012 on Estate Planning - Arizona
More details to this question:
She had told me that if anything should happen to her Vincent wouldn't have to worry for anything and the house would be taken care of for him so he would always have a place to live. She didn't leave a WILL but she left him beneficiary of her life insurance. And she has money in the bank and the bank won't let him get it out either. Now they are starting foreclosure. What can we do?
20 ANSWERS
Your friend must probate his mother's estate so that he can have the authority to deal with these issues. You should consult a probate attorney.
Answered on Nov 22nd, 2012 at 4:51 AM
Shadi Ala'i AlaiShaffer
Hire an attorney and open a Probate Case to Administer the assets.
Answered on Nov 22nd, 2012 at 4:50 AM
Your friend needs to file a petition for someone to be named executor of his mother's estate, settle all bills, and distribute whatever's left. He can submit a death certificate to the insurance company and apply to have the benefits paid to him directly. The house will be foreclosed by the mortgage company unless the monthly payments continue. However, the company may hold off on foreclosure for a few months once it has been notified of the owner's death.
Answered on Nov 20th, 2012 at 5:15 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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As the only heir, the son will receive the house and bank account from his mother's estate. Perhaps he could use the insurance proceeds and bank account to pay whatever is necessary to avoid foreclosure.
Answered on Nov 20th, 2012 at 5:15 PM
If he is the only heir he can either file a small estate affidavit or file a probate and have himself or the person of his choice appointed administrator of the estate. This puts them in charge of the probate assets (probably not the insurance) and can deal with the house and the bank.
Answered on Nov 20th, 2012 at 5:15 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Tell your friend to obtain the services of a probate attorney immediately to guide him in the closing of his mother's estate and transferring the assets into his name. Urgent, as the residence appears to be in foreclosure.
Answered on Nov 20th, 2012 at 5:14 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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he probably needs to open a probate estate to access the bank accounts and deal with the house.
Answered on Nov 20th, 2012 at 5:14 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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He should file a petition for probate. If he is her only child, he should be appointed as personal representative and will be the only beneficiary. Once he is appointed as personal representative, he will be able to transfer the bank account to an estate account and use it to pay estate expenses during administration.
Answered on Nov 20th, 2012 at 5:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to open a probate action and the property will be distributed in accord with the law, all to him if he is indeed the only heir.
Answered on Nov 20th, 2012 at 5:11 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Start the administration of her estate. Petition the court to be named administrator. Hire a lawyer to help with this.
Answered on Nov 20th, 2012 at 5:11 PM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Hire a probate attorney, immediately. You can proceed with the Probate Court process irrespective of whether there is a will.
Answered on Nov 20th, 2012 at 5:10 PM
3 Awards
He should consult with a probate attorney to address opening up an estate administration in probate court or his other options depending upon the value of her assets.
Answered on Nov 20th, 2012 at 5:09 PM
They need to start probate ASAP. The probate attorney can likely get the bank to delay the foreclosure and/or get letters of special administration to get into a bank account. Do not delay. Start TODAY!
Answered on Nov 20th, 2012 at 5:08 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Assuming your mother passes away a year or less ago, you can (with the help of counsel) open a decedent's estate in the county in which your mother was domiciled at the time of her death. You should ask the court to appoint you personal representative. As I said, you will need an attorney to do this for you.
Answered on Nov 20th, 2012 at 5:08 PM
Better see an attorney. A probate needs to be opened to transfer assets to the son. If the house has equity the foreclosure should be stopped.
Answered on Nov 20th, 2012 at 5:06 PM
Thomas Edward Gates
He needs to be appointed by the Court as Administrator of his mother's estate. Once this has occurred, he will have access to the money.
Answered on Nov 20th, 2012 at 5:06 PM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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In regards to the life insurance, your friend will need to contact the life insurance company about how to make a claim as beneficiary of the policy. For the bank accounts, he may need to open a probate estate for the deceased mother.
Answered on Nov 20th, 2012 at 5:05 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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He probably needs to open an estate and ask the court to be appointed as administrator. He should contact a probate attorney in the country where his mother lived.
Answered on Nov 20th, 2012 at 5:04 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Vincent needs to meet with a probate attorney IMMEDIATELY, in order to be appointed Personal Representative for the estate, so he can pay his mother's bills and take control of her assets. There is no other way to do this, based on the facts in your summary.
Answered on Nov 20th, 2012 at 5:04 PM
If he is her only legal heir, he will have to open an "intestate" (no will) probate to receive the authority to gather the assets of the state and deal with third parties (such as the mortgage company) regarding the estate. No one will talk to him unless he is appointed as the Personal Representative of the estate. I recommend he consult with an attorny as soon as possible to discuss this in greater detail.
Answered on Nov 20th, 2012 at 5:04 PM