A friend’s live-in boyfriend passed away in his 40s with no will and only about $5,000 to his name. I paid $15,000 for his funeral. He had parents, brothers and a minor child. No one wants to administer the estate as they are afraid of having to pay his bills. Do they wait to hear from the court? I understood that, in California, hospitals and funeral homes have to notify the court when someone dies.
Friend of a Friend
The most remarkable aspect of your letter is that not only did you pay for this man’s funeral — a man who was not even a friend, but a friend of a friend — but that you paid for it and wrote a letter that does not mention any desire to have his estate or his family reimburse you for that $15,000. You did what you did, and now you are more concerned about who will wrap up his affairs. I’m rarely dumbfounded and awed, but this is one of those times.
I don’t know why his family did not step in earlier or where they have been since your friend’s live-in boyfriend passed away, but the time has come for someone to give them a gentle nudge in the right direction — taking responsibility for their child’s/sibling’s affairs. And by nudge, I actually mean a good shove. The fact that no one from his family has actually stepped up to the plate to help arrange his funeral or estate is deeply concerning.
You are correct, in part, about the notification of a person’s death. “Any funeral director, physician, or other person who has charge of a deceased person’s body, when death occurred as a result of any of the causes or circumstances described in this section, shall immediately notify the coroner,” according to California Government Code Section 27491. “Any person who does not notify the coroner as required by this section is guilty of a misdemeanor.”
The administrator, according to law firm Kavish, Minor & Otis, must: “Notify prospective creditors of the person’s death; track down, collect, inventory, and appraise the decedent’s personal assets; responsibly manage the decedent’s assets until the estate’s affairs are settled; pay any potential creditors outstanding debts owed by the estate; distribute any remaining assets to beneficiaries; and close the estate before the probate court.”
Your friend’s boyfriend’s family is incorrect. An administrator will not have to spend their own money administering a person’s estate, nor will they be held liable for the deceased’s debts — they should come out of the estate — but the administrator could, in theory, be held responsible for financial damages if they mishandle the deceased’s estate if they do not comply with California probate law or statutes of limitations, the law firm adds.
A domestic partner or an immediate family member can apply to be administrator of an estate. Probate can take anywhere from six months to a year. “Being the administrator (or executor) of an estate in California is a substantial job, with myriad responsibilities and duties to the court, as well as the estate’s beneficiaries,” says the Talbot Law Group. “Thus, it can be very helpful for the administrator to have an attorney who can guide them through each step.”
Thank you, on behalf of this man, for stepping into the breach when others failed to do so.
The Moneyist regrets he cannot reply to questions individually.
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