My mother has died, and I am executor, what do I need to do?

Question

I need to know how to go about things.

Answer 1

My condolences on your loss.

First thing is that you need to have legal documentation from the court system stating that you are the legal administrator. If it was not stated in the will, and there are other siblings, then all have to go to court to do this. (My two other sisters had to be present and to sign off on me being executor for my dad)

The next legal document you will need is the death certificate. It will take several days to weeks before you get it.

After that, you will have to figure out what debts/debtors are owed and what is in the estate. The funeral expenses are the first things that will be paid. So if you have a debtor crawling around trying to give you trouble, just tell him to back off. Once the funeral has been paid, then debtors can come after the remaining balance of the estate. If there is nothing left in the estate, then you do not owe a dime of your own money.

You will need to get any insurance policies together and get them ready to send off. you will need to send a certified copy of the death certificate with them. Remember, the money that is designated from the insurance policies is not considered part of the estate. Do not sign off the policy to the funeral home as well. Pay the funeral from the estate funds first, then use the insurance money as a last resort.

If your mother was receiving SSI, do not spend that money in the account. SSI will be taking that money back out of the account. They will send you a form later to fill out. They will calculate the amount owed and send a check.

NOTE: Some banks will put a freeze on your mother's banking account because she has passed, even if there is another person's name on the account and that person is still living. If there is a vehicle lein, you might want to contact the bank and make arrangements and negotiations for the return of the vehicle. Make sure everything is documented. If the loan officer tells you that the loan will be considered paid off once the vehicle is returned, get it in writing. I learned that one the hard way. I returned the vehicle and they had said it would be an even trade. After the return, they stated that my deceased father still owed them $3500 from the interest they did not get to collect.

I also consulted a judge who dealt with civil law when I had some questions. You may need to look into hiring one or just have one handy for consultations.

Answer 2

Depends on the size of your mother's estate, whether your father is still alive and was married to your mother when she died, whether your mother had a will only or whether she had transferred her assets to a trust. If there was no trust, the house and the brokerage account and bank accounts held in her name alone will not be transferable without letters testamentary, the order of the probate court that entitles you to act and sign on your mother's behalf. Basically, you will need a probate lawyer. If your mother transferred everything to a trust, you will be able run everything yourself, only consulting a lawyer if one is ever needed. You will need to consult with a CPA to prepare final income tax returns and to determine whether an estate tax return will be necessary. Finally, the executor is entitled to a fee for acting as the executor and being a fiduciary. Your state's probate law may set a maximum that can be charged for an estate of your mother's size. If your siblings squawk about your getting a fee, just let them know what a pain in the a s s it was.

Answer 3

BlueLight is correct in general, but he left out a lot of things. But from his answer I hope you see that you will have your hands full, and that it is not a simple thing to settle an estate. My advice is to get a lawyer. The one who drafted your Mom's Will should be your first choice. Keep in mind that if you make a mistake with something - like making sure all creditors are paid - you will be on the hook personally for any debt missed. Likewise if an error causes a loss of estate assets. Hope this helps. Good luck!

Answer 4

First, if it is really recent, you will need to make funeral arrangements and call family, friends and let them know of the time and place of the funeral, you will also need to call the newspaper and place an obituary in the newspaper, if you want to.....a free one is automatic, but it just gives the name of the person and their city/state. Then, you will need to see, what her wishes were, and hopefully you will abide by that. If you need further help, you may need to contact the attorney. I'm so sorry for your loss, i lost my mom too, it was a very tough time.

Answer 5

i'm no longer a criminal expert, yet while he used the VISA after your mom died, and the cardboard became basically in her call, then he may well be to blame for the charges incurred after she died. If he would not pay the quantity, they might arrest him, yet he could make sturdy on the bill.