A family member passed away with no will

alloy

Dan, Retired old fart
H-M Supporter Gold Member
Well kind if a family member, my wife's ex, they have a daughter together.

He has a house in his name only from what I can find on a title search. Zillow says it's worth about $437K. He and his leech brother were living there, the leech is still there. He and his daughter were working on a will, and she recorded him telling her what he wanted in a will. And a last week few days later on the 20th while he was apparently making a cake dropped dead. He was 66. I'm 68, kinda makes me think.

Anyway, his daughter is 24 and has about $2k in the bank. So I offered to pay for the cremation. And apparently I'm going to front the $5k for an attorney. Without an attorney, I'm told she can't inherit the house. There is also a loan he had, but we can't find out if he used the house for collateral. The bank won't talk with us and a title search doesn't say anything other than he is the sole owner of the property. I'm concerned if the loan was secured using the property for collateral that the loan will default, and they start foreclosure proceedings and take the house for the $40K amount of the loan. I can pay the payment, but don't know who to pay.

From what the funeral home told us is that they have to notify social security, and they will in turn notify his bank and his accounts will be frozen. He had everything on autopay and the loan was paid on the 25th. The water, power, cable will be shut off which may be a good thing to hopefully get rid of the leech brother. I was thinking of shutting everything off now, but my wife thinks we should ask the attorney before doing that. I guess I'm going to be the executor of the estate. I hope I'm able to get my money back somehow.

We also took his dog, we really didn't need another dog buy she is 11 years old, and the shelters won't take her. She gets along with our dog and cat, so we have another lab.

I guess into each life some rain must fall.
 
Everything should go to the closest living relative, since no spouse. Which is his daughter. Hopefully the lawyer and courts will sort things out quickly. Is the house is good enough shape to sell?

And you are a good man Charlie Brown.
 
The house isn't in good shape, but the area is white-hot for real estate, When it's all settled my idea is to get a couple of realtors in and get their opinions on selling it as is, having the junk removed, making repairs or not. When I bought my house, the bank made the seller put a new roof on before they would finance it. I do have some money saved, but I don't want to spend thousands on repairs for a place that isn't mine.
 
It's consult an attorney time. Things can get real messy quite fast, and you don't want to get financially involved without securing a stake somehow. Money can be tied up for a pretty long time, which can make things very uncomfortable, or be a financial strain.

I have personal experience dealing with something like this, but worse. It takes a while. I'm still closing out estate affairs more than two years later.

Make sure a tax return is filed! Both a 1040 for 2025 and likely a 1041 (estate) for 2026. I don't know who should file it, (likely the court appointed executor or personal representative,) but believe me, someone has to file it. Because both the state and the Feds will come looking for their share out of the estate. But someone needs to legally become that executor, and paperwork needs to be correctly filed in the appropriate place(s). Estate attorneys know this, or ones with estate experience.

Be prepared for banks and everyone else (companies, utilities, etc.) to slow roll you, even when you show proper paperwork. It's as if they never heard of people dying. (No joke.). Being the executor stinks, being a trustee stinks. I am both. It's a pain in the neck and basically thankless, mind numbing work, trying to get unwilling people to do their jobs.
 
68 is pretty young these days. Did he have a known medical condition?
I'm wondering why you would become the executor, rather than the daughter?
 
Based on my very limited experience, I think the @WobblyHand input is right on.
I'm always amazed at how petty and foolish relatives act when it comes to settling an estate. The old saying about "cutting off your nose despite you face" comes to mind. I hope that sort of thing is minimal in you circumstance.
 
Sorry for your loss.

I've been an attorney for a couple decades. Handled a lot of probate cases over the years. Generally speaking states have a statute of descent and distribution for decedents without a will. In a case like this that should be pretty clear cut and I would expect the daughter gets everything absent any other facts.

Getting the brother out of the house so it can be sold can be a chore. Sometimes it's a get more flies with honey than vinegar situation. By force of law can be time consuming and expensive.

Best of luck.
 
68 is pretty young these days. Did he have a known medical condition?
I'm wondering why you would become the executor, rather than the daughter?
He had a stroke years back, and a heavy smoker and drinker. Why me? Well, his daughter is 24 and a waitress. Need I say more?

The autopsy says coronary artery disease and several other factors, I have to clue what they are. Natural causes, well, actually unnatural as in he didn't have to smoke or drink himself to death.

We see the attorney next Tuesday. I hadn't thought about taxes. One more thing to ask the attorney about.

Other than a brother and sister, he has no relatives, so hopefully his daughter is first in line.

I'm finding out this will definitely be an adventure for me. I'm almost sorry I agreed to it, but there is no one else but me that can do it. Well, his leech of a brother, and he would steal everything he could get his grubby hands on.
 
He had a stroke years back, and a heavy smoker and drinker. Why me? Well, his daughter is 24 and a waitress. Need I say more?

The autopsy says coronary artery disease and several other factors, I have to clue what they are. Natural causes, well, actually unnatural as in he didn't have to smoke or drink himself to death.

We see the attorney next Tuesday. I hadn't thought about taxes. One more thing to ask the attorney about.

Other than a brother and sister, he has no relatives, so hopefully his daughter is first in line.

I'm finding out this will definitely be an adventure for me. I'm almost sorry I agreed to it, but there is no one else but me that can do it. Well, his leech of a brother, and he would steal everything he could get his grubby hands on.
Seriously, it's a lot of work. All kinds of stuff to do, most of which is not motivational at all. But like you, there was no one else to do it... It's the less fun side of being a responsible adult.
 
Sorry for your loss.

I've been an attorney for a couple decades. Handled a lot of probate cases over the years. Generally speaking states have a statute of descent and distribution for decedents without a will. In a case like this that should be pretty clear cut and I would expect the daughter gets everything absent any other facts.

Getting the brother out of the house so it can be sold can be a chore. Sometimes it's a get more flies with honey than vinegar situation. By force of law can be time consuming and expensive.

Best of luck.
I'm hoping that since the bank froze the bank accounts and the utility bills won't be paid and eventually be cut off, that it will be an incentive for him to leave. After speaking to the attorney next week, I may cut everything off now.

I found the ach payment routing number for the loan he had, but from what I can find, a bank has to look the info up on who it's going to. And I'm not sure if they will give me that information.
 
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