The answer to your question depends on a number of things. Are you a fiduciary (person responsible to manage assets) named in the decedent's Trust or Will? Are you aware of assets that have been designated to pass to other people?
There are probate and trust laws that protect surviving relatives and require notice. The only way to be sure about your legal responsibilities is to consult an attorney in your state who will listen to your circumstances, and explain how the law and regulations apply.
Beyond the legalities, other posters have pointed out the moral and ethical duties that we have to kindred who share in our lineage. How you handle the situation will be remembered for years to come.
Some in some situations, survivors are justifiably concerned for their own safety and well being. Here again, a probate attorney can advise you. Using an intermediary, there are ways to provide notification and information to others, without putting yourself in direct contact with someone who may not want to deal with.
There is no law that obligates you to notify your siblings of a parents death. What is law is notifying heirs of the estate. Os there reasons for holding back notification of parent's death?
Thanks Pam. But none of that seems to apply to a person notifying a sibling at the time of death. Probate, yes, but that may not be until some time after death -- after the funeral, for instance.
When my husband died, I notified our children within an hour. I notified creditors, the bank, etc. within a few weeks. I did not notify his siblings at all. There was no probate.
I am NOK for my mother. When she dies I don't believe I have a legal responsibility to notify my siblings. (I will, of course. There are no estrangements here.) Social Security doesn't care who I notify, besides them. Health Dept regulations say what the hospital or funeral home or hospice team has to do but I doubt they have anything to say about what I as NOK have to do. Probate laws don't apply unless there is something to probate, and even then they don't apply at time of death.
I am questioning what LEGAL requirements the poster would have to notify her sister or anyone else at the time of death. If the sister is in the will, yes, she will have to be notified. And certainly many other persons/entities have to be notified (though not, perhaps, by someone in OP's situation.) Many states don't require a published notification.
It is certainly true that a death cannot be "private" -- many parties must be informed.
But whether bestwishes must personally tell her sister is another question altogether. Bestwishes, I suggest you contact a local funeral home with your question. They are most likely to be familiar with local laws regarding such matters. Or if you have dealt with an Elder Law attorney, that should be a quick question for them to answer
I don't know why you are asking this question -- it sounds like there is something sad in the background here -- but I suggest that you check for official requirements in OK. Laws vary by state, and unless someone here happens to have some experience in OK I doubt that any of us can advise you.
If there is a will, then whomever is named as an heir in the will must be notified. It does not have to be an obit in the paper. It can be by email or letter, but you could have to show this was done for all heirs. If you don't know their whereabouts, you have to show a reasonable attempt to find them.
If no will, they are considered to have died interstate. This is a lot stickier as anyone who could have an interest In the estate or assets of the estate needs to have an opportunity to be made aware of the death & respond over a set period of time. An obit notice & an legal notice (like a Summons in the paper, but depends on your states laws on this) usually has to be done for this.
Sunnygirl1, I really don't think you have any LEGAL obligation to personally notify other relatives of your cousin's death. What do you think your cousin would want? I guess I would let that be my guide.
Legal requirements might come into play if relatives are named in the will. Since you know that to be not the case, that probably does not apply here. I'm sure the lawyer will advise you if all relatives need to be notified.
I can tell you from personal experience...my mother-in-law died several months ago. Her son, who she willed everything to, called only his eldest sister to let her know her mother had died. She in turn called the other 3 silbings to share the news. None of the siblings now speak to the brother that got all her assets - he will never see or hear from any of them again. They feel he influenced and manipulated his mother to his advantage. So he did what was best for himself financially, but he will pay in isolation from his siblings for the rest of his life. He would probably tell you it was worth it. Greedy people don't care who they step on to get their hands on unearned cash - even their own brothers and sisters. If I have learned one thing in the past 10 years it is this: Never underestimate the greed of some people!!
2nd - I'm very aware of the distinction but autocorrect often defaults to most common usage which is interstate. Just like often quit claim will auto to quick; usafruct to use from....Nice that you can proofread & copy check.
personal observations. There really is no simple way to determine if there is a will. If he person who died didn't share the will with anyone including the executor the will vanishes. If no-one files the will for probate it becomes invisible. In Mass is the estate is very small probate may be bypassed.
Where is a death certificate filed? What family information is included, any?
igloo172: your statement on 1/16 ..."If no will, they are considered to have died "interstate"." I believe the term you were looking for was "intestate", which means "without a will". Interstate is a highway you drive on, like I-25, or refers to "across state lines". Don't get all offended...just a little free English lesson from me to you.
Oh, igloo572...I know, don't you hate autocorrect? I usually keep it disabled because it can be so annoying when it insists on changing something you write to "correct" it, causing an error. Sorry for pointing the misspelling out but I just have an urge to do that for some reason. Thanks for being a good sport about it and not getting offended!
There are probate and trust laws that protect surviving relatives and require notice. The only way to be sure about your legal responsibilities is to consult an attorney in your state who will listen to your circumstances, and explain how the law and regulations apply.
Beyond the legalities, other posters have pointed out the moral and ethical duties that we have to kindred who share in our lineage. How you handle the situation will be remembered for years to come.
Some in some situations, survivors are justifiably concerned for their own safety and well being. Here again, a probate attorney can advise you. Using an intermediary, there are ways to provide notification and information to others, without putting yourself in direct contact with someone who may not want to deal with.
When my husband died, I notified our children within an hour. I notified creditors, the bank, etc. within a few weeks. I did not notify his siblings at all. There was no probate.
I am NOK for my mother. When she dies I don't believe I have a legal responsibility to notify my siblings. (I will, of course. There are no estrangements here.) Social Security doesn't care who I notify, besides them. Health Dept regulations say what the hospital or funeral home or hospice team has to do but I doubt they have anything to say about what I as NOK have to do. Probate laws don't apply unless there is something to probate, and even then they don't apply at time of death.
I am questioning what LEGAL requirements the poster would have to notify her sister or anyone else at the time of death. If the sister is in the will, yes, she will have to be notified. And certainly many other persons/entities have to be notified (though not, perhaps, by someone in OP's situation.) Many states don't require a published notification.
It is certainly true that a death cannot be "private" -- many parties must be informed.
But whether bestwishes must personally tell her sister is another question altogether. Bestwishes, I suggest you contact a local funeral home with your question. They are most likely to be familiar with local laws regarding such matters. Or if you have dealt with an Elder Law attorney, that should be a quick question for them to answer
I don't know why you are asking this question -- it sounds like there is something sad in the background here -- but I suggest that you check for official requirements in OK. Laws vary by state, and unless someone here happens to have some experience in OK I doubt that any of us can advise you.
If no will, they are considered to have died interstate. This is a lot stickier as anyone who could have an interest In the estate or assets of the estate needs to have an opportunity to be made aware of the death & respond over a set period of time. An obit notice & an legal notice (like a Summons in the paper, but depends on your states laws on this) usually has to be done for this.
Legal requirements might come into play if relatives are named in the will. Since you know that to be not the case, that probably does not apply here. I'm sure the lawyer will advise you if all relatives need to be notified.
Where is a death certificate filed? What family information is included, any?
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