mother in law passed

[jadehawke2]

My mother-in-law passed in September, I don't know where to begin I don't even know if I have to file this with the court or what we need to do. My husband and I are executors on her will but there is really nothing. There was not even enough money in insurance policies to cover the funeral. She had two bank accounts that didn't even add up $7,000. We still owe $3200 to the funeral home, we had to pay $800.00 to a medical place that we was renting a wheel chair ramp from, this leaves left about $3000 left. There is no property and no assests no automobile, she lived with us but had been in the hospital and therapy home before passing. There is medical bills that medicare did not cover of about $17,000. One of these bills is $15,000 the rest are small bills that total about $2000. We have called these companies and they said to send them a copy of the death certificate, and they would write them off. My question is do we take that remaining $3000 to pay these bills even though they said they would write them off, or can we use that money for a head stone. If we have to pay these bills who gets paid first the little bills or the big $15,000 bill. There isn't anything to go to probate. If we have to pay these bills can we write checks from her checking accouont since we are executors or should we just withdraw the money and deposit into another account?
Thank you

 

[dee_dub]

You should consult a lawyer to make sure you administer the estate properly, because if you don't, someone might have recourse against you personally. Generally, your duties are towards the funeral, income tax, the creditors, and the beneficiaries, in that order. Check your state's laws regarding estate administration - you can probably administer it as a bankrupt estate, although if enough of the creditors are willing to write off the debt, you may not have to. If there's not enough to satisfy all the creditors, they will likely all get a pro-rated share.

Talk to the bank about transferring the account - some cheques (e.g. funeral expenses) you can probably write from the deceased's account.

 

[jadehawke2]

You should consult a lawyer to make sure you administer the estate properly, because if you don't, someone might have recourse against you personally. Generally, your duties are towards the funeral, income tax, the creditors, and the beneficiaries, in that order. Check your state's laws regarding estate administration - you can probably administer it as a bankrupt estate, although if enough of the creditors are willing to write off the debt, you may not have to. If there's not enough to satisfy all the creditors, they will likely all get a pro-rated share.

Talk to the bank about transferring the account - some cheques (e.g. funeral expenses) you can probably write from the deceased's account.

Thank you for your reply, I am still confused but I have been thinking that we would have to contact some kind of lawyer to help us.
There is no funds and my husband and I can not personally afford to take care of the expenses of a lawyer, so who would have to pay the lawyer fees.

 

[dee_dub]

As executor, you are entitled to incur reasonable legal expenses in administering the estate. The estate reimburses you for those expenses. Given the size of the estate, you shouldn't spend much on legal fees. See if you can find a lawyer who will give you an initial consult for $50, if not for free, to provide you with some guidance.

 

[jadehawke2]

As executor, you are entitled to incur reasonable legal expenses in administering the estate. The estate reimburses you for those expenses. Given the size of the estate, you shouldn't spend much on legal fees. See if you can find a lawyer who will give you an initial consult for $50, if not for free, to provide you with some guidance.

Do you have to have a lawyer or can this be done on your own, I am seeking legal advice but family and friends keep telling me it is a wasted expense. I don't know the first thing to do, and I don't want to occur these expenses. Is it true that I would beable to do this stuff myself, or should I just get a lawyer and save myself the headache.

 

[dee_dub]

You do not have to have a lawyer, but it is often advisable. Some people are comfortable doing it themselves; others are not. If you think it's a headache and you're not sure who to pay first or even how to start, I suggest you talk to a lawyer.

 

[jadehawke2]

thank you very much!