My 36-year-old brother died suddenly without a will.

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My 36-year-old brother died suddenly without a will.

In 2007, my brother died at my parents home in Omaha, Nebraska. He was divorced in 2000 and has no children. My parents had to pay for his funeal and burial expenses. He had a Wisconsin work comp claim in progress at the time of his death. The attorney recently contacted my parents to advise it settled and ask for the name of the person who is named to recieve the proceeds. It appears Nebraska intestacy rules would allow my parents to inherit. Do my parents need an attorney to receive the small sum that will not even cover the funeral expenses?

Asked on June 26, 2009 under Estate Planning, Nebraska

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Nebraska lawyer, but I would hope they can do this on their own.  They would need to take a certified copy of your brother's death certificate to the courthouse, and find the office where they would need to apply for letters of administration.  There may be some complication to this, because my research suggests that ordinarily this has to be done within 3 years after a person's death, but there appears to be an exception for cases where nothing has been done along these lines.  The letters of administration, once granted, should allow your parents to get the money.


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