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My mother has past on but is still at funeral home


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#1 beautyisme

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Posted 15 January 2013 - 04:49 AM

My mother lived in Washington, DC and departed this live Dec. 28, 2012 a few weeks ago and there are 6 siblings and there has been a dispute over my mother things in her home and in her storage which a niece paid for. The one sister lived near by, the rest of the siblings had to travel from as far as California. My issue is my mother did not have a will but she did have life insurance and a 401K. We made a decision to take her off life support based on the doctors saying she will never wake up again and the part of the brain that has to do with thought process, motor skills and other things he said that part of her brain was dead. Since 3 sisters were there and permission from the 3 brothers we were to make the arrangements. This did not happen, we made an appointment with one of the siblings to get the rest of my mothers things which included about $1200.00 dollars worth of change, some boxes, antique like stereo TV and bed and a refrigerator full of food that had been brought by 2 of the grand children. we were never let in the home. My mother kept the key to the storage in case she need something out of it the same sibling had that key as well and did not give to my niece so her mother had to pay $200 to have locksmith come out and removed lock so it could be replaced. she went and signed papers with funeral to see who the beneficiary was none was name so that meant we all had to sign well one sibling did't make it to Washington, DC then we were told that we would not have the services so another sibling paid for funeral and asked that they reimbursed her. This is the problem: the one sibling took up donations for are mothers burial services paid the cemetery, then feels she should be reimbursed from the policy and also receive her 1/6, although the money was from donations not a out of pocket expense of hers. She just took over everything with her delay tactics, mothers services were on the 9th of January and her burial is not until today. This has been a nightmare for me and my other 4 siblings and we want a resolution. I'm mentally and emotional drained. My sibling shut me and other family members out of everything. I can't believe my mother is still laying in a funeral home.

#2 harrylime

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Posted 15 January 2013 - 05:39 AM

I am unclear about the life insurance policy that you mention since you mention later that a sibling "... signed papers with funeral to see who the beneficiary was ..." I don't understand why the funeral home would know about the life insurance policy. Was this a policy that is sometimes called a "final expenses" or "preneed" policy?" Perhaps sold through the funeral home?

In any event, life insurance proceeds and 401(k) proceeds would normally be payable to named beneficiaries. If there are none, then the proceeds would normally be part of the probate estate. As would the rest of her assets.

This is the problem: the one sibling took up donations for are mothers burial services paid the cemetery, then feels she should be reimbursed from the policy and also receive her 1/6, although the money was from donations not a out of pocket expense of hers.


What she feels is irrelevant. Funeral/burial expenses are generally paid from the probate estate. If someone paid the expenses, then that person would generally be entitled to reimbursement from the probate estate. If the sibling did not actually pay those expenses, then I would tell her to get lost.

It sounds as if someone needs to file to open probate and be appointed by the court to administer the probate estate before things get too far out of hand. You can get some info about probate in DC at the court website:

http://www.dccourts....robate/main.jsf

#3 FindLaw_Amir

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Posted 15 January 2013 - 08:44 AM

The legal process of transferring of property upon a person's death is known as probate. Today the probate process is a court-supervised process that is designed to sort out the transfer of a person's property at death. To learn more about this subject matter, you may visit the Estate Planning Center and read Probate as a good resource. For further clarification, you may want to consult with a local Washington, DC Probate & Estate Administration.
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