What to do when theres no Will?

[Hammerdown]

If she has money, true colors will show unfortunately. First and foremost I would make sure she is comfortable during her remaining time in her earthly body. I've been through things like this twice. Once the they even had a will but it still got ugly. The family needs to seek advice from a probate attorney.

[Hammerdown]

Sorry to hear hope she gets better but if No will and if spouse is still alive spouse get 1/2 and kids get the other 1/2.

If the Spouse is the biological parent to the kids than the Spouse SHOULD get 100%. When its a second or third marriage is when it gets tricky. Even when it’s in writing.

[RutnBuk]

My MIL passed unexpectedly about 7yrs ago. Same situation as yours. You’ll have to send all creditors a death certificate. The debt will not fall to you. My MIL’s car was not worth what she owed, they came and picked it up. It was actually fairly easy since there were no real assets to fight over.

Thank you very much. This helps.

[RutnBuk]

With all respect:
Concentrate on the health and life issues at the moment.

I dont think you understand my position at the moment. With all respect.

[RutnBuk]

If she has money, true colors will show unfortunately. First and foremost I would make sure she is comfortable during her remaining time in her earthly body. I've been through things like this twice. Once the they even had a will but it still got ugly. The family needs to seek advice from a probate attorney.

Theres no money at all and my wife/family is making sure shes as comfortable as possible. I'm trying to help by figuring out whose owed what. I want to help close all her debts but just not sure how to do it. I honestly don't know much she owes and to who she owes. Im gonna forward all her mail to my house if possible.

[Hammerdown]

Theres no money at all and my wife/family is making sure shes as comfortable as possible. I'm trying to help by figuring out whose owed what. I want to help close all her debts but just not sure how to do it. I honestly don't know much she owes and to who she owes. Im gonna forward all her mail to my house if possible.

I had to produce my POA papers in order to be able to forward the mail. I'm no attorney by any means but I can't see you or your wife being responsible for any of the debt. I would imagine you will have to prove that her estate has no assets or value in order for the accounts that are owed to be closed out. Nothing is gonna be easy but you will get through it.

[RutnBuk]

I had to produce my POA papers in order to be able to forward the mail. I'm no attorney by any means but I can't see you or your wife being responsible for any of the debt. I would imagine you will have to prove that her estate has no assets or value in order for the accounts that are owed to be closed out. Nothing is gonna be easy but you will get through it.

Thanks Hammerdown. I guess I wont be forwarding the mail. I know my wife and I are not responsible for anything. Im just not really sure who I have to prove anything to because I don't know who she owes. I do know that she owes though.

[Mary]

What to do when theres no Will?

The debt does not fall on you, or anyone else....unless their is a co-signer on the debt.

Do not talk to creditors until you have the death certificate. Just tell them you are waiting on the certificate and there is no (as in Zero) information you can give them.

I can help (tell you what I have learned when I get home) on the 14th. Send me a pm if you are still needing any guidance at that time.

I would stop worrying about what she owes, at this point. You’ll start receiving letters soon enough.

I promise the creditor part is not something to worry about.

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[SL1]

What Mary said.

[Grayson]

Lindsey Drake 512-524-3697 or lindsey@ldrakelaw.com

Eric Nelson enelson@warrenandlewis.com or (512) 469-9500

Liesel Rickhoff 512-872-0086 or attoreny@rickhofflaw.com

Jennifer Mattingly Mattinglylaw@gmail.com or 512-219-4090

[AntlerCollector]

With all respect:
Concentrate on the health and life issues at the moment.

As usual the phrase "with all respect," something disrespectful follows.


Good luck OP. In my experience, the State decided when there is no Will.

[RutnBuk]

Thank yall for the help. Hopefully this all goes as smooth as possible.

[Mary]

Lindsey Drake 512-524-3697 or lindsey@ldrakelaw.com

Eric Nelson enelson@warrenandlewis.com or (512) 469-9500

Liesel Rickhoff 512-872-0086 or attoreny@rickhofflaw.com

Jennifer Mattingly Mattinglylaw@gmail.com or 512-219-4090

Liesel is my attorney. I do recommend her.


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[Gemlin]

I just went thru this. Family member died with no will in 2012. Had to hire a lawyer to goto court.

It took until 2019, three months ago before the court ruled who gets what. Took 7 years.

Advise ALWAYS MAKE A WILL.

Good luck.

[Burnadell]

For the record, a Power of Attorney is is invalid upon death.