My Grandmother has died and I'm not sure what to do next legally... any suggestions?

Okay, the short details are that my grandmother passed away on Tuesday.

She had a will that stated that I was to be the executor and that all of her assets went to her only child, her daughter/my mom. I cannot find this will.

I have power of attorney in place for my Mom, so technically I should be able to handle the estate for her, right? (Even though I cannot find the will that states I am the executor.)

She doesn't have a life insurance policy, can I pay for her burial out of her estate? (If so, when?)

Any other suggestions??

I'm really a bit overwhelmed with this situation and I am the only person who is capable of dealing with it.

Technically, the POA ends with death.

Bring the death certificate and/or your POA documentation to her bank. It's fairly common practice to keep your will, or a copy thereof, in your safety deposit box.

The original may or may not be with the solicitor who drafted the will. If you know who that is (or if you can find a copy of the will, which should help you find out), then go see that solicitor to try to get the original.

You don't have to keep the same solicitor who drafted the will, but it's often convenient to do so. Regardless, once you have the will, take it to an estate lawyer. There is quite a bit that you have to do, but the estate lawyer will handle all the technical legal processes, and should explain your own responsibilities to you.

Edit: Sorry, at first glance I thought that you said you had a POA for your grandmother.... A POA for your mother wouldn't give you any control over your grandmother's estate, anyways; your control over your mother's assets won't extend to your grandmother's assets until they have been distributed per the will.

Obviously you'll need to sit down with a list of solicitors phones numbers from your grandmothers area and phone them to see if they hold the will.
As for paying for the funeral out of the estate - yes you can - just inform the funeral parlour that you are in the process of dealing with the estate and you will keep in touch with them as to the progress and expected date of payment.

The information you are receiving is mostly right on.

If you can't find the will, then you are undoubtedly going to have to seek the advice of an attorney, and this is where the rub comes. As I'm sure you are aware, Attorneys will bleed the estate to the point of extinction, and there will be nothing left for your mother or you! Happened to my father.

Attorneys are totally greedy!

if you were in alabama, i think you could do everything you suggest.
But the way estates are handled varies greatly by what state you are in and the size of the estate. some require that estates go to probate , no matter what, and some states define how an estate will be divided if there is no will inplace and availabe.


you really need a lawyer - just for a 1 hour consultation, to find out the law and requirements where you live. especially about taxes.

Youre pretty much right on most of you assertions. Generally without a will the estate goes to the next of kins anyways, and if you have power of attorney, then its you. Im not a lawyer, so Im only going on assumption here, but I would talk to a probate attorney.

Yes you can use money from your grandmothers estate to pay for her burial.As long as you have power of attorney that gives you the right to do what you need to do with your grandmothers estate.GOOD LUCK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

you can do all the stuff you just said... if.... you find the will. call her attorney or whatever and see if they have the most recent copy.

Call an attorney that handles POA's and wills and he/she will help you with all this!

Think like Grandma. Grandma keeps wills in her safe deposit box at the bank.

The answers to most of the procedural questions will depend on the laws of your unknown country and/or State, and you didn't tell us where you are.

In general, though, you'd go to the court that handles estates where you are - most often called a probate court, but sometimes family court or court of common pleas - and ask them to appoint you as the administrator or executor of the estate. Once that's done you can use the estates money to pay off all her bills and debts (And yes, you can use it to pay for her funeral) and then distribute the balance.

If the will is never found then the distribution must be according to the rules of intestacy where you are - if your moms the only child she'd get it all anyway.

In some States, if there's no will, the courts won't allow anyone to be administrator except a probate lawyer that they select and appoint, and he is paid out of the estate..... so look hard for that will.

Richard

you have to find the attorney that drafted the will; even though are are the executor , you need the help of an attorney; state laws are all quite different regarding your duties and authority. if no attorney drafted the will, then you are at a loss. speak to grandmother's friend (the potential witnesses to the will) and see if they may know the whereabouts o fthe will. perhaps she left it with her banker (or in a safe deposit box) you will have to get a court order to open it. it appears you will have to become a detective. but you need the helps of a trust and wills attorney (or the law office paralegal) right away! my condolences