My Mother In Law passed away last month. Now what? for Questionland Seattle

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My Mother In Law passed away last month. Now what?

She had been very sick for some time and passed away in our home surrounded by people she loved and who loved her.

Now I am trying to figure out what to do with her "estate". I write it in quote marks and she didn't have anything. She did own a home in Oregon but between the mortgage, the home equity LOC, and sundry other credit card debt with same bank (Wells Fargo) there is no equity.

I'm inclined to think that we don't have to do diddly squat other than write the bank a note and mail them the keys.

My wife is the only family and is in the will though it is a very brief one.

any insights or experience would be helpful.

Tom asked in Legal 7 months ago | Report

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asteria

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I'm sorry for your family's loss. I think you should talk to a probate attorney ASAP, because it's not as simple as writing the bank a note. I haven't gone through this process myself, but have seen relatives go through this after my last two grandparents' deaths and I think having at least one consultation with a lawyer is worth the money. You can probably do everything yourself, but the fact that your mother-in-law died in Washington (I assume) and owned property in Oregon makes it a little more complicated.

First: have you or your wife filed the will? This is required within 30 days of death in Washington state (RCW 11.20.010). In Seattle you file it with the King County Superior Court Clerk.

Notify all her creditors, but keep the house keys. I think you also need to notify Social Security and any pension plans that she may have been receiving payments from.

The credit card debt and any other unsecured debt is no big deal; your wife can't inherit that and if there's no money in your mother-in-law's estate to pay that it will go away. But the mortgage and home equity LOC are secured, and it's possible your wife's credit could be affected because she inherits title to the home. This is what really screwed one of my relatives when my grandpa died, although I don't know all the details and it was a different state. Hence my recommendation to talk to a lawyer.

Here are some other resources you might find helpful:

King County Law Library Probate Guide

When Your Parents Die Broke

Is a Probate Necessary? (WA specific)

asteria answered in Legal 7 months ago | Report

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ARDELL

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Tom,

Sorry for your and your wife's loss. There is not enough info there to answer the question Was your wife named as Executrix in that will? Isn't there a bank account or two with some money in it, even if that is a nominal amount?

I am now a real estate agent for 21 years but I was a Trust and Investment Officer in a Bank for 20 years and know a bit about estates...enough to point you in the right direction. But it would be too lengthy to put in this answer. As example, the mortgage, Home Equity and Credit Cards all at Wells do not cross reference and wipe out one another.

There may be equity in the house, as example, and no obligation to pay the credit card debt with that equity. It depends on many things including what it actually says in that "brief" will.

You will still likely need to see an attorney, but I may be able to help you organize the info so that you need very little, vs a lot, of that attorney's time. I don't do that for a living...and it would of course just be a friendly gesture. But I'm better than the average person at doing that and may be able to help. Give me a call, Ardell, at 206-910-1000. I'll be as much help as I can.

ARDELL answered in Legal 7 months ago | Report

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Sorry I am a bit late on this. You can walk away from your obligations here. You need a lawyer to do it though. Don't talk to the bank or do anything with the keys. Go to a lawyer and formally reject your association to the estate. It is an all-or-nothing proposition.

Kip Waddle answered in Legal 7 months ago | Report

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A terrible time, to be sure, and these economic concerns make it harder yet.

First, yes, follow the other advice and get a lawyer.

Second, If the lawyer agrees, most of her non-major creditors (credit cards, utilities) can be deflected by writing a letter that explains "Customer has died without estate/intestate/broke, please forgive this debt". Most will write it off, some may forward the account to a collections company. Businesses vary on ethics.
Next, Kip has a wonderful alternate option: please keep in mind your wife should be under no obligation to accept her roles as assigned inheritor nor as exec. Unless she's already agreed, she should have the right to decline someone else's will, and if the Last Will was written correctly there are provisions provided for such.

FormerRebelTurnedParentalUnit answered in Legal 7 months ago | Report

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