Did she have a will? If she died with a will but no assets & the insurance policy is tied to her funeral & burial & not an asset of the estate, then whomever is named executor can decide whether to do probate or not. There is no rush to open probate either. Check with your state but most allow for a year to even open probate if you decide to.
If no will, she died intestate & it's the states problem.
The cc is an unsecured creditor & the debt died with her.
The FH usually will order death certificates as part of the process. Although usually at a separate cost not covered by insurance policy. I'd suggest you or whomever is the excutor order 1for each of her children and maybe a couple others. 1 goes with a note to the CC. If she rented and had utilities or phone, they may want one also to close out the account. If the funeral $ is actually a life insurance policy rather than a preneed funeral one, the life insurance co will need the death certificate to get policy paid out. FH are pretty knowledgeable as to how this works but please be clear to emphasize that there are no other funds but the insurance policy if that is the case. Funerals average cost 8 - 10K.
Speaking as a foreign amateur, I'd simply contact the credit card company to inform them of their customer's passing away and ask what to do. They probably have a system, and it's probably straightforward. They will need to see a death certificate in due course, I expect, but why volunteer information about her estate unless they ask?
In Illinois, regardless whether or not there is money in the estate, credit card balances disappear. When I called mom's cc company to cancel the card, they checked on line for an obituary and cancelled her outstanding balance. I don't think that was the cc company's policy. I think it was the law.
The siblings don't at all have to get a copy of the will or see it. The will as a legally binding document goes to the courthouse....where it is filed and become public record. Personally I would not give any copies out.....
I'd step back a bit and first determine a rough value of the estate- the assets of the estate- & then allow for maybe 60/90 days to determine the debts against the estate - like her credit card bill, bills for funeral, burial, medical, etc. If the house was properly transferred to your bride name & recorded at the courthouse 12/15 years ago then house it is NOT an asset. I'd do these two items first to see what kind of probate needs to be done if at all.
Find out probate types for your state, like can you do small estates affidavit, a muniment of take or just full probate. & if you can do this pro se. If your state requires an attorney that is going to have costs. I'd say 3K plus court costs.
Go to your county courthouse on line site to see what's what. If you live in a small county, try the courthouse site of a county with a big city in it as they probably have probate rules & descriptives in it.
Don't let her siblings pressure her to do things now. They are probably not going to try that approach with you, but get at you through her.
Also if you do the "take what you like from the house" event, put rules on this. Otherwise cousin Lucy will show up with 3 teenagers & a van and haul it to the top whether they want stuff or not as they are greedy pigs. I'd video the house & it's interiors with your phone before a pencil is taken too.good luck.
You need to contact the credit card company. When you get a death certificate, they'll want you to provide it to them. That may make it go away - it depends on how much she owes. In many states, it's a good idea to start a probate estate with the local probate court, even if there aren't any assets. Perhaps you can check with a no-or-low cost attorney thru legal services (available in every state).
If other family members butt in, tell them that you appreciate their interest and you will expect their help with the funeral expenses. Tell them to put up $1200.00.
Please do not divide up the household items, until you speak with a lawyer. The hh items may be needed to sell, to pay bills....last illness, cleaning the carpets (did they rent or own their home? Either way it has to be cleaned out, as in, ready to rent or be sold). There could be some items of value--and there could also be Property Lists attached to the Will, which say that the rocking chair goes to a certain person. ...you dare not give that chair away to person X if it really HAS to go to person Y. please seek competent legal advice.that is tailored to this specific estate, you could get into big big trouble if you do it wrong (and it sounds like you're already concerned about family? belive me, it won't get any better, you could wind up paying your own personal funds to defend your actions in Court).
As far as the house it was transferred to my wife approximately 15 plus years ago and she has been providing around health care for her mother for that and then some. There has been trouble from other family members in the past and it is not getting any better. They are more interested in money instead of the loss of their loved one. There are no cars or other assets involved that we are currently aware of. We do know that certain things go to certain people and that will be taken care of as soon as my wife feels up to it.
The house belongs to your wife. Including everything inside. End of that story. The death cert. Should be enough to close out the credit card with no payment as long as no other name is on the account. If you feel like giving some things to relatives, go ahead. This is how it is in CT. Check with a lawyer in your state. Your area agency on aging might have names of low-cost or pro bono lawyers.
If she died with a will but no assets & the insurance policy is tied to her funeral & burial & not an asset of the estate, then whomever is named executor can decide whether to do probate or not. There is no rush to open probate either. Check with your state but most allow for a year to even open probate if you decide to.
If no will, she died intestate & it's the states problem.
The cc is an unsecured creditor & the debt died with her.
The FH usually will order death certificates as part of the process. Although usually at a separate cost not covered by insurance policy. I'd suggest you or whomever is the excutor order 1for each of her children and maybe a couple others. 1 goes with a note to the CC. If she rented and had utilities or phone, they may want one also to close out the account. If the funeral $ is actually a life insurance policy rather than a preneed funeral one, the life insurance co will need the death certificate to get policy paid out. FH are pretty knowledgeable as to how this works but please be clear to emphasize that there are no other funds but the insurance policy if that is the case. Funerals average cost 8 - 10K.
Sorry for your loss.
Wait a week and call.
I'd step back a bit and first determine a rough value of the estate- the assets of the estate- & then allow for maybe 60/90 days to determine the debts against the estate - like her credit card bill, bills for funeral, burial, medical, etc. If the house was properly transferred to your bride name & recorded at the courthouse 12/15 years ago then house it is NOT an asset. I'd do these two items first to see what kind of probate needs to be done if at all.
Find out probate types for your state, like can you do small estates affidavit, a muniment of take or just full probate. & if you can do this pro se. If your state requires an attorney that is going to have costs. I'd say 3K plus court costs.
Go to your county courthouse on line site to see what's what. If you live in a small county, try the courthouse site of a county with a big city in it as they probably have probate rules & descriptives in it.
Don't let her siblings pressure her to do things now. They are probably not going to try that approach with you, but get at you through her.
Also if you do the "take what you like from the house" event, put rules on this. Otherwise cousin Lucy will show up with 3 teenagers & a van and haul it to the top whether they want stuff or not as they are greedy pigs. I'd video the house & it's interiors with your phone before a pencil is taken too.good luck.
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