Can I create an estate settlement letter if my fiance’ passed away and his children are wanting me to handle all of the affairs, etc?

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Can I create an estate settlement letter if my fiance’ passed away and his children are wanting me to handle all of the affairs, etc?

My fiance’ passed away 4 days before our wedding and left no Will. Because he made a few payments to our wedding venue facility using his credit card, the venue is requesting a copy of the death certificate along with a notarized estate settlement letter before they issue a refund. What is this letter and how can I have one drafted? His children are the beneficiaries of his life insurance policy. Me and his children are very close and they are wanting me to handle all of the estate affairs and so forth. What would we do in this situation? Do they have to sign the estate settlement letter?

Asked on April 24, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  generally what happens is that some one is appointed as the personal representative of the estate when a person passes away and then the venue would release a check "to the estate of" and it would be deposited in to an estate account.  If he had very little to probate and fits under the statute in your state for a small estate proceeding, that could be an option. Speak with some one who can look at the whole picture.  Good luck.


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