My sister died, no will, 2 beneficiarys listed on 2 items (life & 401k), no beneficiarys listed on the other 3 NoRealProp MedBil

Asked about 1 year ago - Long Beach, CA

do i need to file for administrator? i don;t want to pay med bills as they shortened her life with their lack of knowledge. and i am doing a fair split with father and boyfriend, family agreed to

Attorney answers (4)

  1. Charles Adam Shultz

    Contributor Level 19

    8

    Lawyers agree

    Answered . The beneficiaries listed on the life insurance and 401K are entitled to those assets. If you believe the doctors or hospital caused issues, you need to assert those claims not do your own offset. You will open yourself up to liability. How much is in the other assets. If its more than $150K, probate is necessary. Regardless, because you indicate there could be bills, you would be wise to consult a probate attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. James P. Frederick

    Contributor Level 20

    8

    Lawyers agree

    Answered . Mr. Shultz has provided his customary outstanding response. I agree with him and would simply add that, if the other three assets were titled in your sister's name alone, with no beneficiaries named, then probate will be necessary, unless the total value is less than $150k. Family agreements do not eliminate the need for probate.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Amanda Marie Cook

    Contributor Level 15

    6

    Lawyers agree

    Answered . I would simply add that your "fair split" may require gift tax returns. You definitely need a probate attorney.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  4. Celia R Reed

    Contributor Level 20

    7

    Lawyers agree

    Answered . First, if you believe you have a claim for medical malpractice, consult with an attorney practicing in that area. Whether the estate needs to be administered depends on the value of assets. Consult with a probate attorney for the best way to handle the estate.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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