Peace77
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Post by Peace77 on Dec 11, 2012 12:53:18 GMT -5
It might be better if a male friend or relative called the bank to ask about the insurance.
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kittensaver
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Post by kittensaver on Dec 11, 2012 13:52:47 GMT -5
ICN - thinking about you today and sending you virtual hugs.
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InsertCoolName
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Post by InsertCoolName on Dec 11, 2012 14:55:44 GMT -5
Well I went to the cu where we have our checking/savings. I am able to still use the account and the money in it. So that was good. Got all the bills paid today. Most were late. I didn't really think about much last week.
I know that when I told the mortgage company, the guy who always takes the calls, told me to send the paperwork when I got it and I wouldn't be bothered anymore. So I will just wait for the death cert. and I guess mail it when that day comes.
I've also got an appointment sent up for later this month with SS.
I think I've gotten everything done that I need to get done.
Except Christmas shopping. I think I will try to go later this week. Not sure if I can stomach it or not. But the kids said they still want gifts from mommy and daddy. So I can't let them down.
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kittensaver
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We cannot do great things. We can only do small things with great love. - Mother Teresa
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Post by kittensaver on Dec 11, 2012 15:15:08 GMT -5
:: But the kids said they still want gifts from mommy and daddy. ::
ICN, I know how hard but how important this is! My father died when I was still young (a late teen) - it was over the Labor Day weekend. At Christmas, my "big gift" came with a tag "to kittensaver with love from mom and dad." Mom told me that they'd already purchased it together before he died - and that's why it had his name on it. I know it was personally heartwrenching for her to do that, but it was incredibly special for me.
It was the sewing machine I always wanted (a 1955 black-and-gold Singer). I still have it. I treasure it even more because it was the last gift I got from him. My heirs are going to have to pry it out of my cold, dead hands.
So IMHO you are giving them a precious gift of one more Christmas from their dad - even though it is incredibly painful for you. Hugs, kuddos and karma to you for being brave enough to do it.
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Deleted
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Post by Deleted on Dec 11, 2012 15:46:16 GMT -5
:: But the kids said they still want gifts from mommy and daddy. :: ICN, I know how hard but how important this is! My father died when I was still young (a late teen) - it was over the Labor Day weekend. At Christmas, my "big gift" came with a tag "to kittensaver with love from mom and dad." Mom told me that they'd already purchased it together before he died - and that's why it had his name on it. I know it was personally heartwrenching for her to do that, but it was incredibly special for me. It was the sewing machine I always wanted (a 1955 black-and-gold Singer). I still have it. I treasure it even more because it was the last gift I got from him. My heirs are going to have to pry it out of my cold, dead hands. So IMHO you are giving them a precious gift of one more Christmas from their dad - even though it is incredibly painful for you. Hugs, kuddos and karma to you for being brave enough to do it. kitten,
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happyscooter
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Post by happyscooter on Dec 11, 2012 17:36:04 GMT -5
justme-message 123, it is called 'right of survivorship'. and thank goodness they had that or she would not have been able to take a penny out. not for the funeral, not utilities, groceries, anything. good to hear that is one less thing off of her mind.
insertcoolname-if you are hit with a late fee, call the company and tell them the situation. most will work with you and refund the fee.
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t-dog
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Post by t-dog on Dec 11, 2012 18:28:12 GMT -5
ICN - here in CA when DH suddenly passed nearly 3 years ago I did not have to probate - he had no will and the estate was small.
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Deleted
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Post by Deleted on Dec 11, 2012 19:03:59 GMT -5
"it is called 'right of survivorship'" It depends on how the account was opened. His name with her as an additional signer? Hopefully he named her as his beneficary. Or was it a joint account? If it was a joint account, then Happy is likely to be correct, that the account is most likely going to pass to the survivor. With respect to the mortgage, Coolname will have provide both a death certificates as well as proof that she's inherited the property before the mortgage company will discuss it with her. It's the proof that she inheriteted the property that's probably going to take some time since DH died intestate (without a will). I think she's probably going to have to go through probate in order to get it deeded to herself. Here's a link I found which might be of some help: en.allexperts.com/q/Indiana-98/2008/9/Probate-estate-limits.htmThe small estate exemption in most State's probate law is intended to help out small estates without burdening them with a lot of time or expense. It's one thing if you are talking about a car and a little bit of personal property. But any real estate ownership can be problematic because title companies want to see a clean transfer of ownership. So while the OP could live in the house and just keep making the payments for a long time, if she wants to refinance or sell the property in the future, she's going to have a big problem down the road. Cool, please see a competent estate lawyer and get this matter cleaned up ASAP.
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Deleted
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Post by Deleted on Dec 11, 2012 19:06:14 GMT -5
"ICN - here in CA when DH suddenly passed nearly 3 years ago I did not have to probate - he had no will and the estate was small."
T-dog, did you own a house together and if so, how was title held?
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InsertCoolName
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Post by InsertCoolName on Dec 12, 2012 12:02:30 GMT -5
The mortgage company told me that I was able to stay, as long as I make the payments.
I called them today to ask about any insurance. They placed me on hold, came back a few minutes later and said just send proof(death cert.) and then they would take care of it. But they also wanted to go ahead and set up payments for the next 3 months. So I still have no clue. I don't know.
What do you think it means? Nothing. Something.
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Deleted
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Post by Deleted on Dec 12, 2012 12:30:46 GMT -5
ICN, I really don't have an answer for your question. If mortgage company gives you confusing answer. If I were you, I would call them back again ask for supervisor. Take care......
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Deleted
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Post by Deleted on Dec 12, 2012 15:55:01 GMT -5
Can you afford the mortgage?
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InsertCoolName
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Post by InsertCoolName on Dec 12, 2012 16:47:58 GMT -5
Yes.
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t-dog
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Post by t-dog on Dec 12, 2012 16:55:23 GMT -5
Bon - we did not own a house at the time, we were living in the house DH grew up in which was owned free and clear by his dad.
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Deleted
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Post by Deleted on Dec 12, 2012 16:59:18 GMT -5
Then keep paying the mortgage and then find yourself an estate lawyer to start the probate process so you can get the house deeded into your name. This is important! Probate can take awhile, usually a minimum of six months but in your case it could take closer to a year. Nothing with the probate courts seem to move very fast. Nothing much for you to do but make sure your attorney has the relevant info and then for you to show up for the court appointment.
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sapphire12
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Post by sapphire12 on Dec 12, 2012 16:59:53 GMT -5
My condolences to you ICN. Your story is just heartbreaking.
Hugs, prayers and best wishes that your life regains some sense of "normalcy".
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Peace Of Mind
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Post by Peace Of Mind on Dec 12, 2012 17:07:35 GMT -5
Bon-bon already answered your question about the mortgage and the insurance but keep digging in his papers for proof of insurance. Most companies are very honest if there is an insurance policy and all they will need from you is his death certificate for proof and your ID (some may want proof that you were married). If there is no will and you are the spouse legally you may need to get your marriage certificate for proof and have the court make you the personal representative for his estate. Just ask for "Probate" and they will show you were to go and who to talk to. You will also want to file his death certificate with the county court house as soon as you get it. In Florida it was only $7.00. This was very easy to do. Also be sure to order some extras. You will be asked from some people to give them an original but most are happy with copies. If his estate is over a certain amount (here it's $6,000) you may need to probate his entire estate and also to have the deed to the house transferred over to your name legally. Be sure to interview different lawyers and get any quotes in writing! Many also will just charge you for what is needed to be done if the estate is small. So ask for quotes to just have the house transferred to your name. They will know your state's laws too so at least get a consultation (usually free) to find out what your rights are. If there are creditors you will want to put a Notice to Creditors ad in the local newspaper so you don't get bothered down the road from valid and/or bogus creditors. That's usually in the low $100's. For my mom it was $129.00 and it was advertised twice. Creditors have so many days to respond and must prove money is owed before you pay anything. If they don't respond in that time frame you won't have to pay anything that is in his name only. Anything your name is on you will have to pay regardless and you will have to notify any creditors of his that you know exist and will need to fax or mail them his death certificate. Some of this sounds overwhelming and scary but once you figure it out it's simple. Just don't make any rash decisions financially and ask many many questions until you feel you are able to understand and deal with all of this. Don't take the word of people because we were given really bad information at first and once my feet were back on the ground and I was thinking clearly I took full control along with finding a much better lawyer and it was so smooth and easy after that. Again, my condolences for not only your very sad loss but having to deal with all of this too.
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Deleted
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Post by Deleted on Dec 12, 2012 18:15:39 GMT -5
Message deleted by Christmas Bon-bon.
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Deleted
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Post by Deleted on Dec 12, 2012 18:28:33 GMT -5
"Bon - we did not own a house at the time, we were living in the house DH grew up in which was owned free and clear by his dad."
T-dog, it's different once the estate owns real estate. In CA if the estate owns any real estate with a gross value (not equity!) of $35k or more it must be probated. That's why Trusts are so popular even with small estates. But even those can get messed up too. Even though my mother had a Living Trust she failed to quitclaim a little rental property into her Trust so I had to make a trip to the Probate Court. $2,500 and a 6 month delay for an "expediated" appt. This was in 2008 so in the meantime the property dropped in value by 15% or nearly $40k. Ouch!
It's for reasons like that Cool name should get going on the probate issue as soon as she can. She doesn't want to put herself in the position where she finds she can't refinance or sell the property without a six month to one year delay waiting for a probate court date and decision.
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Cheesy FL-Vol
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Post by Cheesy FL-Vol on Dec 12, 2012 19:08:08 GMT -5
I am so sorry for your loss.
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Nazgul Girl
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Post by Nazgul Girl on Dec 12, 2012 19:36:13 GMT -5
ICN, I don't have any practical adivce to add but please know that you and your family have been in my thoughts this holiday season and I hope that all goes as well as it can during this time of such a painful loss that you've all sustained. I think you're doing a very good job and that you're getting good advice here, so those are two good things....
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InsertCoolName
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Post by InsertCoolName on Dec 13, 2012 13:07:28 GMT -5
I have a lawyer who will be taking care of things now. Thanks for pushing me in the right direction. If it weren't for other voices and your words- I would probably just walking around in a useless circle.
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midjd
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Post by midjd on Dec 13, 2012 13:09:54 GMT -5
ICN - I'm glad to hear it. I hope your lawyer is able to take on most of the logistical burden and just give you time to heal.
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Waffle
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Post by Waffle on Dec 13, 2012 13:50:09 GMT -5
ICN - I'm glad to hear that you got a lawyer. Hopefully, that will make at least the paperwork part of things simpler for you.
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Deleted
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Post by Deleted on Dec 13, 2012 14:01:21 GMT -5
ICN, That is great news...... Take care of yourself and many hugs.
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Wisconsin Beth
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Post by Wisconsin Beth on Dec 13, 2012 17:29:23 GMT -5
ICN, That is great news...... Take care of yourself and many hugs.
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Peace77
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Post by Peace77 on Dec 13, 2012 17:32:13 GMT -5
Glad to hear that you have a lawyer to help you with the legal matters. Peace to you.
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Jaguar
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Post by Jaguar on Dec 14, 2012 4:44:15 GMT -5
So glad to hear that you found a lawyer. I hope they are a really good one for you.
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suesinfl
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Post by suesinfl on Dec 14, 2012 8:42:54 GMT -5
So glad to hear that you found a lawyer. I hope they are a really good one for you. HUGS!!
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InsertCoolName
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Post by InsertCoolName on Dec 14, 2012 10:36:14 GMT -5
Well. There's nothing that can be done til 45 days after he passed. Then we can start getting the house deed in my name. And because that's all we have and the county has the house valued under 50k, I shouldn't have to do anything else.
At least I think that's the jest of it. I kinda lost it sitting there. I shouldn't be sitting there, talking about my husband yet. Our parents? Maybe, they are old. But not my husband yet.
So. Looks like I got to hurry up this week...only to wait.
His belongings from his truck came yesterday. I thought it would be so hard to go through the stuff. But everything smelled like him. And it felt like I finally got him home.
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