A question regarding a death in the family

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  • Libertarian01

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    Some monthes ago my friends mother passed away. His father had preceded her by many years in passing.

    This family wasn't exactly "formal" in what they did. She did not have a will, although she did make him the sole beneficiary of her life insurance.

    He is an only son. There are no other siblings.

    Both his and her names were on a utility bill. The utility company wrote a refund check in her name only and refuses to reissue it. It isn't huge but it's for several hundred dollars which would really help him.

    He has copies of the death certificate but that is all.

    Is there any way for him to unilaterally become a Power of Attorney or Executor of her estate or something that will give him some legal standing when dealing with this issue along with any other future issues that may arise as he continues to clean up paperwork?

    Thanks in advance for any help!

    Doug
     

    indykid

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    If his name and hers is on her bank account, try depositing the check into their account. It should not be a problem for him to then withdraw it as many bank accounts are jointly held. I have this set up with my mother, and am able to pay her bills using her checking account with both our names on it. Haven't tried withdrawing money but cannot see it be a problem.
     

    Wolfhound

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    I believe you have to set up an estate to get access to things like that. The problem is it can cost 1500-2000 to set up the estate. Not economical if the deceased only had meager assets. It is a real :poop:show.
     

    churchmouse

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    Some monthes ago my friends mother passed away. His father had preceded her by many years in passing.

    This family wasn't exactly "formal" in what they did. She did not have a will, although she did make him the sole beneficiary of her life insurance.

    He is an only son. There are no other siblings.

    Both his and her names were on a utility bill. The utility company wrote a refund check in her name only and refuses to reissue it. It isn't huge but it's for several hundred dollars which would really help him.

    He has copies of the death certificate but that is all.

    Is there any way for him to unilaterally become a Power of Attorney or Executor of her estate or something that will give him some legal standing when dealing with this issue along with any other future issues that may arise as he continues to clean up paperwork?

    Thanks in advance for any help!

    Doug

    Why oh why oh why do people not do anything towards preparing for final days.
     

    Cameramonkey

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    The cynic in my sees the refusal to reissue in the face of a death certificate as a cold accounting move.

    Would YOU fix a "problem" that only affects you negatively? After all, if the check never gets cashed, that is money that never leaves the account. A couple hundred bucks doesnt sound like much. But remember, economies of scale. How many customers die a year? Several hundred dollars times several thousand customers equals a not so insignificant amount.
     

    Rayne

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    There is no power of attorney once someone is deceased. POA (power of attorney) is only when someone is alive and needs another to sign official documents or make decisions instead of themselves. What your friend is probably looking for Executor of the estate. The executor of the estate acts in the best interest of the estate to finalize it. They have the power to dispose of property, pay bills, deposit checks and such. I have never dealt with IN courts on how to become an executor of an estate, but when my Momma passed 8 years ago in KY, the paper work was easy enough to file on our own. All the information you needed was online and you could download and fill it out and file it. You might check into that with the county clerks office. It's not hard, but it is time consuming, or hire a lawyer who will set it all up for your friend.
     

    Outlaw

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    I can't remember how I did it but when my father passed I went to the clerks office and I received power of all remaining assets and accounts. I do remember the cost was minimal as well (less than $100) Sorry I can't help more but hopefully it will give your friend a start.
     

    Tactically Fat

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    If assets (Bank accounts, real estate, vehicle, possessions) are under $50k (EXCLUDING life insurance), then he can also look into doing a Small Estate Affidavit and being the Person of Responsibility of said Small Estate.

    Not nearly as costly as doing an Estate.

    If he was not given access to accounts/deposit boxes before her death - doing an Estate or SEA are the only way he'll have access to those things. UNLESS he can afford to wait it out until they're given over to the state's Attorney General's "unclaimed funds" program. He can then take measures as next of kin to claim funds. This may take a year or two for things to matriculate through the system.

    Third option: Depending on the disposition of her "estate" - he can also choose to not even open an SEA - if assets are so meager / upside down that it's simply not worth it.

    We just went though this, last month, with my father in law.
     

    Libertarian01

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    Thanks to :ingo: for all the help!

    You've given us some good information to follow up on.

    Unfortunately his name was not on the bank account.

    The first place I told him to check with was the County Clerks office, or the Clerk of the Court (maybe for the legal side of estates.) I didn't know exactly, but I knew where to start.

    I want him to get something formal so that he won't have this issue cause problems again. I know that dealing with a deceased's accounts, debts, utilities, investments, etc can take monthes to sort out, so this may not be a one time issue.

    I at least know that for my parents, who are both still alive and well, that they have a will, it has been updated, and I am the executor. I know I will be sad about going through things when the time arises but fortunately I won't have the grief of dealing with issues without legal authority.

    What should be so simple winds up being so complicated.

    Thanks,

    Doug
     
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    When my mother passed away, my sister and I took the Death Certificate and our ID to the bank and they closed the account and gave us the money.
     

    Tactically Fat

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    When my mother passed away, my sister and I took the Death Certificate and our ID to the bank and they closed the account and gave us the money.

    Depending on when this happened - they may not have been allowed to do it. It may have been done out of ignorance.

    My wife will have to wait on any potential savings deposit funds to hit the Indiana Unclaimed site to hopefully get the few hundred $ that we think my father in law had.
     

    Libertarian01

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    So after speaking with him I find out his name is NOT on the bill:xmad:. He claims they (NIPSCO) told him his name is "on the account." WTF? How in the holy #$%@ can your name be "on the account" but not on the bill?

    I HATE messing around only to find all of the premises I have been operating on are wrong.

    Fine. I explain to go to NIPSCO's office to speak with someone and get the check reissued. He tells me there is no office here in Fort Wayne, they just use subsidiaries like Walmart or Krogers or somesuch. They don't have an office.:bs:

    Guess what Google maps show on the first search. They have a large office building right off of Hale Ave. I text him where to go and, "They don't take payments there," he says.:ugh: I have to tell him I don't give a holy :poop: if they take payments there or not, that is corporate:bash: and someone in there will be able to set things right.

    We'll see what happens...

    Some friends can be FAR more annoying than they need to be.

    Thank you for all your time!

    Doug
     
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