My friend died and nothing is being done. What happens?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My friend died and nothing is being done. What happens?
Her only brother and relative lives far away and is not accomplishing anything. She has 2 houses (1 paid for) and a mortgage and debt for city and IRS taxes on the other. The probate attorney has done nothing for over a month. Her ex-boyfriend collected all of her life insurance etc. because she never changed it and he immediately left town. Why weren’t her debts taken out of that? Her paid for mobile home is in a park. What will happen since the rent isn’t being paid? She had an accidental death policy on her car. Will they seize that right away?
Asked on May 31, 2009 under Estate Planning, California
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You say there is a probate attorney involved. He or she should be taking care of some matters--but these things take a long time. Is there a will? If so, who is the executor? If not, the court will appoint a personal administrator of the estate during the probate process. Once it is underway, and that could take a few months' time, the court will determine what assets exist, what debts exist, what taxes are owed and make sure all of the debts (including any remaining medical bills and funeral costs) and taxes are paid before any assets are sold and/or distributed. Regarding the mobile home, the rent should be paid to the estate, and you can bring that to the attention of the lawyer so he sends a notice to the renter regarding continuing to pay the rent.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.