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I’m asking this question on behalf of a neighbor.
Her husband died after a very short illness without leaving any will and without assigning beneficiaries on his bank accounts. Where should she apply in order to be appointed estate executioner to have access to the accounts? Money is tight and she’s trying to do it herself without paying a lawyer. This is DC. |
| Oh, honey. Executioner? |
| The word is executor. An executioner is a state-sanctioned murderer. Let’s not mix up those words. Her husband died intestate and his estate will have to go through probate. Are you telling me this neighbor is not already on any of her late husband’s accounts? The widow will essentially have to get word ten waivers from other potential would-be executors (living parents, siblings, children of her late husband) and then file a petition and go to court. |
Word ten should have said written. Written/signed waivers. |
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| THese days personal representative seems to be the term. I just did it in MD but there was a will. |
She NEEDS a laywer. If her husband died without a will, the estate will go through probate and other family members can and will make claims on the deceased's assets. She needs to protect herself. An attorney will help her through all this and more. |
| Does an estate executioner carry out murders requested by the deceased? |
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OP here.
OK, it’s estate executor. It was auto correct. Granted, I should have paid attention to the spelling prior to posting it. There are no close family members in the USA. She was basically a housewife while the late handled all finances. She has been told lawyers would be very expensive and that she should be able to file the paperwork herself. Does she need to go to DC court? If so, which department? |
DP. This is going to sound rude but she does not sound like the kind of person who should handle this herself if she is so clueless that she is asking you and you are here posting on DCUM asking about it. It may cost her a few dollars to use an attorney to get it done correctly but that is better than costing possibly more dollars by doing it incorrectly herself. |
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If she lives in DC, the probate self help center may be able to help. https://www.dccourts.gov/services/probate-matters/probate-self-help-center
I don't know if other jurisdictions have something similar. |
| OMG. The first thing is, you must be a smart person. |
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OP yes lawyers are expensive but she needs one.
It will take at about nine months for probate she's going to need help. |
Smart? This is a legal matter requiring information. |
Yes. Probate court is where she needs to go. If there is no dedicated self help center in her jurisdiction (probate is a state court issue, so the laws vary by state), there should be basic instructions on the court website. She can also call the clerk of the probate court--in my experience, they are very helpful. If she finds she needs a lawyer, and if the husband had assets, she should be able to make an arrangement for the lawyer to be paid out of the estate. So, even if she does not have access to cash right now, she should still be able to get legal help. But, she may not need it. |