We had a recent sudden death in our immediate family. This person did not have a will in place. I was just seeking any advice from someone who may have been through something like this before. I know it will vary state-to-state but wondering if anyone had any ideas of "do's" and "definitely do not do's." The funeral and burial have already occurred.
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@matador84: So sorry to hear of your loss. Sadly I went through the same thing about two months ago. I am one of four surviving siblings and our parents are still alive. In our case, it was very straightforward because there were not many assets and my family member did not have a spouse or children. All money and the car went to my parents. There was a sizable insurance policy, but my family member had chosen a beneficiary (my parents). For many reasons, we were grateful that my parents received it. We worked out among us who wanted a few of the personal items that were worth keeping. It was peaceful, no issues. We were all so heartbroken.
For us, the process was not overly burdensome, but if there were more assets, kids/spouse or other dynamics at play, it would have been much more complicated.
Sorry again that you are going through this.
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Due to the fact that the person died intestate, the division of assets and appointment of the personal representative will be determined by a probate judge. Each state has a specific system developed for this process, but I think this outlines things pretty well:
https://law.freeadvice.com/estate_planning/probate/is_no_will.ham
I know in my county there is currently a 4 month wait to see the probate judge, so my only tip would be to meet with a lawyer and start the process of getting on the court’s books. Also, I’d recommend working on an hourly not a percentage basis with the lawyer.
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