My Brothers Estate

   / My Brothers Estate #61  
I only read page 1 of this so sorry if I repeat stuff. My wife's brother died suddenly at 61 and left everything to her. He was a major packrat and the house was seriously stuffed with anything and everything. His place was across the country from us, a different state than we live in, and I had no clue as to the legal and financial requirements of dealing with an estate there. A friend of my wife's there told us about dealing with her mother's estate, and she recommended an estate attorney. We hired the attorney right away, and she laid out the process and procedures the courts require.

I decided right away to pay off his credit cards and other bills. If we did not, the attorney told us the creditors could come after the estate and delay the process for years. I did not want to hassle with this sort of thing, it could be a nightmare and cost lots of legal fees for the estate, so I right away contacted all creditors and paid them in full. He was even a few months behind in his medical insurance and I paid that up. His mortgage was through a credit union, and we began paying his monthly payments, even though the attorney said we could blow them off and the payments would come out of the sale moneys. However, again, I did not want the hassle of creditors bothering us. Then, about six months later, still dealing with things, the credit union was told by the Social Security Admin' about the death and they demanded immediate payment of the remaining mortgage.

The funeral home contacted Soc Security, had no idea they did that stuff, but they did. Somehow SS contacted the credit union and so forth. His job had been at a college which had the credit union, so everyone ended up knowing about the death anyway.

His mother, by the way, had died a couple years prior. She had received her SS check during the month of her death, and used the funds. After she died, he had to pay back that last check. I was just getting onto SS at 62 at the time and I asked SS about his. Was told that, well, does not matter if one dies on the very last day of the month, you owe back that month's check, period.

When all was done, and the judge had granted probate, the attorney told me that the judge had been very favorably impressed that I'd taken care of everything, even though we might've been able to get by not paying this or that bill. You can make your own decisions on that, some friends told me we were crazy to pay off those cards. Again, we did not need the hassle and there was enough from the sale of the house that we got the money for those bills back from the money from the house.

By the way, in that state, the attorney said many judges will not grant probate if there are any outstanding moneys owed, credit cards or anything else.
 
   / My Brothers Estate #62  
Eddie,
So sorry to hear about your brother ! My prayers for him and your family !

scotty
 
   / My Brothers Estate #64  
His laptop has a four digit code to get into it. I tried a few numbers based on his birthday and phone numbers without any luck.
Try your childhood street address, or the last 4 numbers of your 1st phone number. Or the last 4 digits of his SS number. Stuff like that.

Or... try no password. Stranger things have happened.

If that fails, there are ways, depending on what version of windows it's running, to boot from a CD or DVD that has a password cracker on it. You boot from that disc, then wipe the administrator password, then reboot from it's own hard drive and that's that.
 
   / My Brothers Estate #65  
In Indiana I would tell you not to deal with the creditors or try to settle with them....at first.

Yes you will need to deal with the mortgage company and whoever holds the truck note.

If the truck has no value over the lien, just let them repo it.

The mortgage company you can find at the recorders office (or wherever deeds are recorded in Texas). The mortgage has to be recorded. That will at least let you know what company you are dealing with.

The unsecured debt, like credit cards, they have to file a claim against the estate to be paid. My experience is most of them do not. They send you a letter demanding to be paid, but that is not the same and has no legal effect.

Really you need a good estate lawyer. Like someone who would draw up the will. I realize he may not have one, but the lawyer can guide you through intestate succession (what happens when you die without a will). That process will vary state by state. In Indiana the estate would be split between the parents and any living siblings since your brother had no wife or children.

The money spent on at least a consultation with an estate lawyer will be money well spent.

Practical advice.... have the mail forwarded from his house to yours. That way you get any bills or bank statements that he was getting via paper and that will provide valuable information as to who the mortgage company is, who has the note on the truck etc. If not the estate lawyer can help you get that information from the bank once your brother passes.

I am sorry you are going through this. It is a rough rough thing. I lost my brother about 10 months ago. He died of cancer at age 42. It sucks. I would like to say it gets better, but if it does it takes longer than 10 months. I know it is not a popular thing for men to say to each other, but look into counseling. It has helped me quite a bit. There is no shame in it. Same for your parents. Losing a child has got to be the most painful thing one can do. I can see it in my parents faces every time the family gathers. There is a hole that cannot be filled.
 
   / My Brothers Estate #66  
First off, sorry to hear of your troubles. Sincerely hope you, Eddie, can take care of yourself when you are dealing with this.

On the laptop, you may find a boot disk from another operating system can get you to see the contents of the drive bypassing the locked O/S. Google bootdisk. They can be made on all form factors, USB Sticks, CD's, etc. etc.

On the safe, get a quote from a locksmith before the angle grinder comes out. Tell them it's a TS special.

Best of luck in these trying times.
 
   / My Brothers Estate
  • Thread Starter
#67  
Counseling sounds like good advice. It helped me a lot when I got divorced. But so did everyone on here that reached out and commented when I posted it on here.

I didn't think about having his mail forwarded. Heck, I havent found his mailbox yet. I'll do that today for sure. I'm guessing it's at the beginning of his street.

Thank you
 
   / My Brothers Estate #68  
Not much guidance on estates and such, varies by state and all that. If you can stand it, get a lawyer and they will put you in the correct general direction.

I am sorry for your pain, it sucks to see anyone that way.

Best,

ed
 
   / My Brothers Estate #69  
If you have the cash to pay off the unsecured credit card debt, call the credit card companies and negotiate a payoff. With my poorly managed family members, we've been able to get 15 to 40% on the dollar. Be aggressive. Probate will kick out a higher percentage payoff out of the estate. Get in there and remove any family property before probate thinks everything there is available to settle debt. Get copies of the death certificate for every debt holder and pension, retirement, bank. You will eventually get them back. No will? That stinks.

Have a good friend who had been paying his dad's bills for years that lost his fathers entire farm because nobody wanted to bother dying dad with signing a will. The GovCo people are ruthless and self-serving.
 
   / My Brothers Estate #70  
Take what you can as to personal property. Cause he gave you verbally all of this untitled property. Then refuse the estate.
 
 
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