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My dad died and now I don't know what to do legally with his left over estate. Any help?
Well first of all i'm 18 and I have a step sister. She didn't include me in any of the funeral arrangments, and didn't even ask if I would like to go with her to make them. She completely left me out on everything. I didn't even sit with the family because she didn't let me know anything ahead of time and she didn't want my mom to sit with me in the front. She hasn't called or anything to check on me, until after my mom called to see how she was doing. Then she called telling me she found out she couldn't do anything with my dad's stuff without me being involved. Basically what she was going to do is sell everything without my knowledge and pay for the funeral with it. The funeral I had nothing to do with. She says it was only $10,000 but my grandmother told me and my mom that the casket cost that much alone. Now I have to go to the probate office with her friday to put the stuff in one of our names. Then I was told by one person that the stuff will be split up and given to us to do what we want. Then a lawyer told me that it would pay for the funeral first and whatever was left would go to us. Which after paying for the funeral there will be nothing left. I see that the funeral needs to be paid. But I don't feel like I should have to pay if she made all the arrangments and left me out completely. It really hurt me. And also, I would have loved for my dads truck not to get sold, but now she's going to have to sell it. And that was something I would have just liked to have been around. There is that, a trailer, and his $1300 in the bank. I know that paying for the funeral would be nice, but I think that since I had no part in it, that I shouldn't be responsible. She signed her name on the papers to pay for the funeral. I have no money, no car nothing. And my dad helped me out while he was alive. My sister is 36 has three kids, a sports car, a big house, pool, and I can't even get a job because of the economy and my mom's car is too out of shape to get my license with. My dad was trying to get his headlight fixed for me to get my license but he never did. I just don't understand that my sister knows I need help, but yet she was going to not even ask if I wanted anything. There's stuff of my dad's I gave him and now she was just about to sell it all. It's not the money. I just can't believe she expects me to be okay to sell his truck and all that was important to me, to pay for a expensive funeral I had nothing to do with. Can someone tell me what I can do here? Legally, and personally?
No, I just would've liked to be part of the funeral. I just don't see why I should give everything of my dad's up to help her pay for her planning. She just did it in a real expensive way. And the funeral wasn't even a funeral my dad would have wanted. It wasn't him at all.
7 Answers
- rickinnocalLv 71 decade agoFavorite Answer
If your step sister was not the executor or administrator of your fathers estate (And the fact that she's now found out she can't do anything without your consent implies that she wasn't) then she had no legal authority to "encumber the estate" - that means to make the estate responsible for any bills.
Legally, SHE is on the hook for the funeral costs, not the estate.
Did your father have a will? If so, then it would have set out who is the administrator of the will. If he did not, then the rules of intestacy apply. If he was not married at the time of his death, then his entire estate will pass to his natural or adopted children, per stirpes. ("per stirpes" means that if any of his children died before he did, that childs heirs will inherit their parents share) Step children are not in the line of inheritance at all, unless they were legally adopted.
If he was married at the time of his death, then his widow and children will share the estate - the actual splits depend on State law.
I would advise you to sit down with a probate lawyer. If you are his own surviving legal child, then there are situations under which you, as the legal administrator of the estate, could be liable for any laws that are not properly followed.
Richard
- ?Lv 71 decade ago
You should ask your sister to help you financially since all your Dad's things are being sold to pay for the funeral, and you won't be getting anything from his estate. If he had a will drawn up, all this would have been resolved. If his estate is under 50,000 it does not have to go to probate court. But his wife still has legal rights to dispose of his property.
The person legally in charge of the burial is his wife and it is up to her to choose whatever funeral she wants. If she is upset right now, when she cools off, she could choose a simple funeral. You can help by shopping for mortuaries. They charge different prices. Legally, you cannot get any of the estate or money or possessions unless there was a will. Also, if your mother or sister has your father's things, you cannot legally take them.
- 6 years ago
I was 42 years old when I Decided to get married I was marrying my high school sweetheart that my paransnts did not love but when I told them about 20 years later after not having any contact with him. They now we where ment to be married we where the love of each other life from the first look in 1986 my parents gave in and planned the wedding of a life time when I was looking for. Song to dance with my dad the best dad in the world by the wAy I choose butter fly kisses in the night and I u tubed it and in the video on the first song on u tube the video shoes that the fathers of the brides died I wacthed it and I said to my self omg how could some one go throw that well 10 month later when I got married I went throw it and I still can t get over it please help
- tonalc2Lv 71 decade ago
From wading through your screed, it seems that what you're upset about is you weren't included in the funeral plans, so you think you shouldn't have to pay for part of it. Would you have said no? What would you have done differently?
If you want the truck, the value of it would be determined and you'll have to give your sister her half of the value; this would apply to any of the estate that you want to own.
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- 5 years ago
You are not responsible for her debt. It would be another thing if you we included and had agreed to share the cost but you weren't even given that. So my answer is get what is yours let her pay what she signed for. Take your part and do what your dad would have done for you and that's help you be successful
- Anonymous1 decade ago
Pay for the funeral and hope there is some free cash left over for you.
What's not to like?
So she had a nice funeral for your dad. What's wrong with that? It was his money right?
What? You can't support yourself unless somebody gives you free money?
Obviously, an eighteen year old like you should never have been trusted to plan the funeral - you probably would have doneit onthe cheap.
- 5 years ago
My step mother transferred my father's property to her name only illegally one month before he died
