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Old 05-23-2014, 03:59 PM   #31
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I would assume the rent on the apartment would still be paid during the cleaning out period. I don't think it would be fair for the landlord to be a free storage unit of the property of an estate. We continued to pay the utilities, taxes, alarm and insurance on my mother-in-law's house until it was empty.
That being said, I know my son could never clean this place out in 30 days. If he worked at it, maybe 30 weeks.
Over here, if the deceased leaves an estate of more than £5000 (approx. $7500) it has to go to probate whether you want it to or not and until probate is granted the executor and the beneficiaries can't sell or let the house/flat and cannot sell, give away or donate the deceased person's goods and chattels to charity. I'm the executor of my mother's estate. She died in December 2011 and the estate is perfectly straightforward with no inheritance tax to pay but the probate application has got stuck in the bureaucracy somewhere and I'm stuck in limbo. I can't claim her insurances, access her bank account or do anything useful but in the meantime I'm stuck with paying for essential repairs, insurance and maintenance of her house which I now live in. (That's a long and complicated story we won't go into here.)

Heaven help me if she'd been in rented property!
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Old 05-23-2014, 04:02 PM   #32
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Well, I found out today the reason for the pressure on the family to vacate the residents apartment.

I went down to sign my yearly renewal papers. It seems that HUD has changed the rules. It appears our families only have 14 days to vacate the apartment of our belongings now. Otherwise they will start at a prorated amount, start charging market price for the apartment after 14 days. It will come out of the deposit.
And they can change the conditions of your contract without your agreement and without notifying you? That seems very harsh.
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Old 05-23-2014, 04:32 PM   #33
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Wow! My Dad died here in our home and no police even showed up. EMS declared him dead and we called the funeral home who picked up his body.
We were not asked any questions and I even told the EMS worker I purposely did not perform CPR.
EMS contacted the doctor by phone (Memorial Day 2007) after hours and that was it.
Here an autopsy is a legal requirement if the death is sudden, unexpected or violent and in those circumstances the next of kin cannot refuse even if there are religious reasons why they might want to.

Under certain circumstances the family can request an autopsy or if the hospital think they can learn something about the disease the deceased died from they can ask the permission of the next of kin to do an autopsy. You can actually leave your body to "medical science" if you wish to in your will in which case the next of kin don't have a say in matters.

Unless there are suspicious circumstance the police aren't usually involved unless they've been called because the corpse has been found in the street or neighbours haven't seen the deceased for some time and the property needs to be broken into or some such thing.
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Old 05-24-2014, 01:34 AM   #34
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Originally Posted by Mad Cook View Post
Over here, if the deceased leaves an estate of more than £5000 (approx. $7500) it has to go to probate whether you want it to or not and until probate is granted the executor and the beneficiaries can't sell or let the house/flat and cannot sell, give away or donate the deceased person's goods and chattels to charity. I'm the executor of my mother's estate. She died in December 2011 and the estate is perfectly straightforward with no inheritance tax to pay but the probate application has got stuck in the bureaucracy somewhere and I'm stuck in limbo. I can't claim her insurances, access her bank account or do anything useful but in the meantime I'm stuck with paying for essential repairs, insurance and maintenance of her house which I now live in. (That's a long and complicated story we won't go into here.)

Heaven help me if she'd been in rented property!
And that is why I have one of my kids on all my accounts. They won't need permission to withdraw any funds as the account is theirs also. Legally that is. My sister had me on her safe deposit box and when she died, I walked into the bank and took out more than $5,000.00 from her box. I gave it to her daughter to help pay for her funeral. Her daughter was quite perturbed because I knew about the box, had access and she didn't.

What a lot of folks here don't know is that banks have someone every day looking at the obit to see if any of them are clients of the bank. If they are, they freeze the account until the family gets a court order to release the funds.
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Old 05-24-2014, 09:07 AM   #35
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That's what my MIL did, all three boys had their own brokerage accounts with her and they all three owned the house before she died. After she died, the boys had thier own accounts to do with what they wished and they had to decide among themselves what to do about the house, one brother bought out his two sibs from their portion of the house. This was all taken care of in about two months.
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Old 05-24-2014, 10:10 AM   #36
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According to my certified financial advisor dad, the best way to plan an estate transfer is to create a living trust, appoint yourself as the trustee, and then, instead of an executor, appoint someone as the successor trustee. If you become incompetent or pass on, the successor trustee receives the right to manage the trust, including executing the person's will, paying bills, selling assets, etc. This also avoids probate.

Much more info is available here: What is a living trust? - Nolo.com
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Old 05-24-2014, 10:20 AM   #37
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A living trust is what we will do (if we ever win the Lottery), the trust will accept the winnings. If not, I am joyfully spending the kids inheritance as we speak, not that there is much to it.
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Old 05-24-2014, 11:09 AM   #38
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You can also list beneficiaries on mutual fund accounts or set up savings accounts as POD, Pay-on-Death to keep large amounts of money out of your estate/probate and safe from helpful relatives prior to your death.

I say enjoy it now, not much room in a coffin!


The pride of dying rich raises the loudest laugh in hell. John Foster (1770-1843)
This isn't just about cash. People can put their home, vehicles, jewelry, furniture, heirlooms, electronics, etc., into the trust. The point is to avoid the time and expenses associated with probate.

Let's just stipulate that this doesn't apply to everyone, okay?
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Old 05-24-2014, 11:13 AM   #39
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All of those ideas are great, but are location dependant.

In some jurisdictions, safety deposit boxes and/or joint bank accounts are frozen on the death of one of the holders.

In Quebec, if you get a "notarial will" you don't have to deal with probate. The will is registered in the "Registres des dispositions testamentaires et des mandats du Québec".*

*From Wikipedia:
"In Quebec, civil-law notaries (notaires) are full lawyers licensed to practice notarial law. Quebec notaries draft and prepare major legal instruments (notarial acts), provide complex legal advice, represent clients (out of court) and make appearances on their behalf, act as arbitrator, mediator, or conciliator, and even act as a court commissioner in non-contentious matters.[10] To become a notary in Quebec, a candidate must hold a Bachelor's degree in civil law and a one-year Master's in notarial law[11] and serve a traineeship (stage) before being admitted to practice.

"The concept of notaries public in Quebec does not exist. Instead, the province has Commissioners of Oaths (Commissaires à l'assermentation) which serve to authenticate legal documents at a fixed maximal rate of $5.00CAD."
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Old 05-24-2014, 11:17 AM   #40
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This isn't just about cash. People can put their home, vehicles, jewelry, furniture, heirlooms, electronics, etc., into the trust. The point is to avoid the time and expenses associated with probate.

Let's just stipulate that this doesn't apply to everyone, okay?
I'm not sure what about my post upset you, but I have deleted it
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