# Personal Matter



## i_am_Lois (May 1, 2014)

I'll try to relate the facts without being lengthy. Honestly it puzzles me.

When my dad was alive he gave me power of attorney over his finances. For after his death he wanted my sister to be executor of his estate. Dad wanted us to share in having to do some calculations with his finances. In his will we were to get an equal share of everything (my sister & myself were his only living children). Dad died a few years ago. My sister managed to nearly settle the entire estate, except for Certificates of Deposit that were held in a savings institution that went belly up when the market crashed. (They were not federally insured... and the government didn't bail this bank out the way it did many others.) A class action suit followed & that company was instructed by the judge to pay everyone back. They began sending a 20 to 30 thousand dollar check about once every year. This bank was where my parents had the bulk of their money invested, hundreds of thousands of dollars. As I said my sister settled everything else, but she kept one account open with 200 dollars in it, to be used as a place to deposit any future checks from the settlement with the bank. That 200 dollar account is set up as part of the estate. 

My sister died last month in her home in Delaware. I live in Florida. I was informed that when my sister's partner tried to probate her estate this matter I've just mentioned came up. I now understand that I am expected to go to Delaware, go to their city hall with ID and my sister's death certificate. My father's estate must now be opened all over again, from the beginning. I was told this shouldn't be an extremely lengthy process as I can just resubmit the information & figures my sister provided. But I was informed I am the only one who can do this. 

I suppose... like it or not... I am going to have to do this. And in the long run there won't be any problems, confusion or hang ups when any future checks come in relation to my dad's estate. 

I do not know if legally I am supposed to continue to share whatever future checks come, with my sister. According to her will everything she owned has been left to her partner. I might legally be expected to share those checks with her. I don't have any problem with that, in fact to me it feels like the morally right thing to do.

Does anyone here have advice or insight they can offer me?  Thanks!


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## Warrigal (May 2, 2014)

How much money is likely to be involved and can you get some legal advice?
Obviously, if it is a small amount that is probably not worthwhile.

Ask what will happen if you do nothing, because that could help you decide what to do.


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## SeaBreeze (May 2, 2014)

I never had to deal with anything like that.  If it were me, I'd research a reputable lawyer in Delaware, and contact him by phone.  Perhaps the information needed can be sent to him by email or fax, and you wouldn't have to make the trip there.  I agree, if it was your sister's wish to leave her assets to her partner, then that's the way it should be.


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## Happyflowerlady (May 2, 2014)

Lois, if you have a copy of your father's will, read through that again.   He may have made a stipulation as to what was supposed to happen with the balance of the money (or any other proceeds from the estate) in his will.   It would make sense that he would have included that part, especially since there was quite a bit of money involved. 
It should maybe say something like "if one dies, everything goes to the remaining daughter", or "if one dies, then her share goes to her estate", and then you don't have to try and make that decision. 

You might want to see the attorney that helped your sister settle your dad's estate, since you will probably need an attorney for this anyway, and he has prior knowledge of the whole thing from before. I assume that he is also close to where your sister lived, so that would make it easy for him to file any necessary paperwork for you, as well.
Otherwise, if you have an attorney that you already use, that might be the next best step to take.


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## Catraoine (Mar 6, 2015)

I certainly would check with a lawyer before you do anything else, They will be able to tell you what your obligations are.


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## Butterfly (Mar 7, 2015)

IMHO, you better consult an attorney who practices in the area of probate and who is licensed to practice in the state where original probate of your father's estate was opened (probate laws may vary from state to state, so you need someone who practices in that state).  Don't try to manage this without consulting an attorney; believe me, a consultation with an attorney will be money very well spent.  These things can get to be a very sticky wicket and a mistake in handling can cost you a lot more money and heartache down the road.  

As was stated above, most wills specify how the Testator's (your dad) assets are to be distributed if one heir dies -- either all to the remaining heir or shared with the other heir's heirs, or some other arrangement like to a charity or something.

DO see an attorney and let him/her advise you before you make any decisions.


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## DoItMyself (Mar 7, 2015)

Butterfly said:


> IMHO, you better consult an attorney who practices in the area of probate and who is licensed to practice in the state where original probate of your father's estate was opened (probate laws may vary from state to state, so you need someone who practices in that state).  Don't try to manage this without consulting an attorney; believe me, a consultation with an attorney will be money very well spent.  These things can get to be a very sticky wicket and a mistake in handling can cost you a lot more money and heartache down the road.
> 
> As was stated above, most wills specify how the Testator's (your dad) assets are to be distributed if one heir dies -- either all to the remaining heir or shared with the other heir's heirs, or some other arrangement like to a charity or something.
> 
> DO see an attorney and let him/her advise you before you make any decisions.



Agreed.


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## Papa (Mar 12, 2015)

Agree with the general consensus. Speak to an attorney regarding these matters. They have likely seen similar situations.


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## AZ Jim (Mar 12, 2015)

This post was in may last year,  I imagine she worked it out by now. Her last post here was 7-2-14.


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