My brother was murdered recently. He was divorced, no children, no property, no will however he had some 401K, life insurance, profit sharing. Those monies go to his ex wife as is his wish...though personally that gets my craw...anyhow.
I have paid all of the funeral expenses. In going through his personal items there are bills that are due currently and some outstanding.
Since this is the first death in our family where nothing was pre-planned or already taken care of via will. What bills are we responsible for? I know we're to post something in the newspaper but what does that mean exactly?
He owes a cell phone, landline, electric, water, plus myriad of other service type bills.
Burying my brother and all the expenses that have incurred is sort of breaking my bank need some guidance and assistance
2007-02-15 05:04:48 · 9 answers · asked by Michelle_My_Belle 4 in Politics & Government ➔ Law & Ethics
The document to be posted in the newspaper is called "Notice to Crediters". It establishes a 90 statute of limitiations after publication to make a claim against the estate for any debts. Your local probate court has the pre-printed forms. It could be available on-line, but I don't know where you live. You should also make a claim against the estate for the funeral expenses. The funeral expenses are a priority claim that gets paid before the other bills. You have no responsibility for the bills. The other answerers were correct. The debts should have been paid before any assets were distributed. If the creditors go after the debts, their claim is against the ex-wife. You have NO responsibility. I'm very sorry for your loss.
2007-02-15 05:28:29 · answer #1 · answered by David M 7 · 1⤊ 0⤋
All of these bills, and the funeral expenses, should be paid out of his money before it goes to anyone else.
Do not pay any of his bills out of your own pocket, unless you also depend on the service (ie. if you live in the same place, do pay the electricty bill but get it changed into your name.)
Posting an add in a newspaper is a way to find other creditors your brother may have owed money to. It is done to protect your brother's personal representative.
Basically, you, another family member, or your brother's X-wife need to apply to court to be appointed as the personal representative.
If there is no money left in his estate, there is usually some government agency who will act as the personal representative. Here in BC it is the Public Guardian and Trustee. If he didn't have enough money to pay the creditors, then they are out of luck. You don't have to pay them.
2007-02-15 05:33:09 · answer #2 · answered by Peter 3 · 0⤊ 0⤋
The bills should be paid from his estate. That means that the life insurance, 401k, etc. should be used to pay those bills before the ex-wife gets anything. You should probably get a lawyer, because the burial should be covered by the estate as well.
Sorry for your loss.
2007-02-15 05:09:55 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Any liabilities should be paid out before the estate is settled, as the people the debts are owed to are legally creditors of his estate.
If this hasn't happened then the lawyer who dealt with the estate had been negligent.
HOWEVER
The bills still belong to the estate so whoever benefited from it is liable for them and not you
2007-02-15 05:08:57 · answer #4 · answered by Anonymous · 2⤊ 0⤋
I assume his ex-wife was appointed beneficiary directly under the policies and no application to court needs to be made on these??
If no one has applied to be appointed Administrator of his estate then no one needs to pay those bills.
If you or anyone else applies to Court to Administer his estate then they are liable to pay the just debts of the deceased, but only with the estate money, not your own personal money.
If his ex-wife needs to apply to court to get the benefits he left her, allow her to apply to court, and the bills can be paid from the proceeds of those policies prior to her getting her share.
My advice would be to ignore the bills and do not apply to court. You (and no one else for that matter) are not obligated to pay his debts or to deal with his estate. If you are not a representative of the estate, you are not obliged to post a notice to creditors either.
2007-02-15 05:41:29 · answer #5 · answered by elysialaw 6 · 0⤊ 1⤋
You should pay everything out of estate. Who settled the estate? No heirs get anything until all the bills are paid.
2007-02-15 05:10:59 · answer #6 · answered by Cerebal 3 · 1⤊ 0⤋
Your brother's estate is responsible for ALL of the bills. They have to be paid before any of his heirs (his ex-wife) get any money. Does that make you happy?
2007-02-15 05:08:57 · answer #7 · answered by Lisa A 7 · 0⤊ 2⤋
im so sorry to hear about your brother, that totally sucks... since he was murdered, did they catch the person? if yes, you can file a wrongfull death suit against that person for a few hundred thousnad at least...
otherwise, who pays what is always a pain, the exwife SHOULD help you with bills, especially if she got money..but ultimatly, i belive its the parents/siblings that foot the bill..
check into a wrongfull death lawsuit.....serious..
good luck, again, im sorry to hear about your brother...
2007-02-15 05:10:12 · answer #8 · answered by s p 4 · 0⤊ 2⤋
I would talk to a lawyer that knows about probate courts.....
2007-02-15 05:09:54 · answer #9 · answered by Texan 6 · 0⤊ 0⤋