How I spent Christmas (and New Year)

LoboGunLeather

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December 18, about 6:00AM, phone rings in Southern Colorado. We learn that a 70-year old cousin, old single guy, has passed away in south Florida. Only living relatives are my wife and her brother, and we have been named as next-of-kin on his hospital admission.

Three days later, unable to do much by long distance phone, I leave Colorado, pick up the brother-in-law in Oklahoma, and travel to Florida. Arrived Saturday, Dec. 23. Picked up cousin's personal effects at the hospital, including keys to his car and house. Took the car home and went into the house.

Alarm system goes off, and we don't have the alarm codes. Got to meet a couple of very nice young gentlemen from the Palm Beach County Sheriff's Office. My retirement badge and ID seemed to get the deputies to listen patiently to our plight, without unnecessary or aggressive display of firearms or immediate need for attorneys or bail bondsmen.

Spent 2 days going through the house, all the files and papers accumulated over the years (and he never threw away ANYTHING, including automobile insurance policies from 40 years ago). Bottom line: NO LAST WILL AND TESTAMENT, no written instructions, no stated preferences. So, it is time to retain a lawyer to get the estate into probate court (which only costs a few thousand bucks).

Meanwhile, the hospital is pushing us to do something with cousin's mortal remains, as they have only limited space in the morgue. So I e-mail 3 funeral homes requesting information so we can select one to deal with business. Couple of hours later (around midnight) a crew shows up at the morgue trying to claim the body (no e-mail or telephone response to our inquiries). Fortunately the hospital called to make sure this was authorized.

I have come to learn that not only do people retire to Florida, people die in Florida with some frequency, and death is something of an industry here. The funeral directors hold a central role in the issuance of death certificates, necessary to just about every aspect of settling an estate. So, if the "Body Snatchers" had been able to surreptitiously take control of the body we would have very limited options remaining.

Now we are on day 10 in the Sunshine State, still awaiting a death certificate so we can begin the probate process. Needless to say, the intervening Christmas and New Year holidays have not made any authority involved even remotely interested in assisting us in expediting the process. Talking to real estate brokers, but we can't do anything until probate court appoints the estate administrator. Talking to banks and mortgage companies; ditto on the legal hold pending court action. I understand that even when we have a death certificate and can put the lawyers to work, there will still be a period of (minimum) 90 days, perhaps 6 months to a year, for the estate to be massaged through the court processes.

My message for anyone who is listening is simple:

MAKE SURE YOU HAVE A WRITTEN WILL. KEEP IT UP TO DATE. SPECIFY SOMEONE TO ACT ON YOUR BEHALF, AND PROVIDE CLEAR INSTRUCTIONS FOR WHAT YOU WANT DONE.

Otherwise you are leaving a catastrophic mess for your families to deal with.

Rant over.
 
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Great advice.
About time (I'm 65) to get to a lawyer and draw up a will.
Takes my brother and nephew over a month to pick up the guns I've FFL'ed to get them.
I can see me rotting as long or longer to throw me in a hole.
 
PEOPLE DON'T COME WITH EXPIRATION DATES.

Firstly, condolences on your loss. A will & advance directives are a good idea at any age. You chose to get involved in the process. If you were not close & he had no assets, then things are simpler, & you could have chose to do nothing. The midnight body snatchers sound suspicious but I suspect they were one of the funeral homes you contacted. (?)
 
That is all very good advice. I would add that be sure to name beneficiaries/co owners to all bank accounts and insurance policies. My dad passed away in 2009 and for the most part had all the "I"s dotted and "T"s crossed.

BUT:

He had one small inslurance policy with no beneficiary named. Even though I was the listed official executor and administrator that one little oversight put the whole thing into probate court and drug the whole thing out for an additional 2 1/2 months.
 
I ain't doin' nothing. I want the day I die to be a sad day for everyone.
 
Very informative. As we say in the Boy Scouts, "Be Prepared." Even for things that seem morbid.
 
Sorry for your loss. Yes very good advice. We have a up to date will in Firearm safe. When my Father passed I was in hospital . It didnt take but what seemed a second for family members to try a swoop in to grab stuff. Hmm horrible. Brings true colors out of some. I walked away from that real quick.Best wishes
 
About this time a couple of years ago, my wife and had a full estate plan done at around age 40. We don't have kids, so if something happened to both of us, I wanted things to go smoothly for my sister is the trustee should we both die.
 
Welcome to Florida.
Pre arrangements are golden, never too early and just costs more the longer we wait.
Damn decent of you to step up and sorry for the loss and the drag it on bureaucracy.
At least you can enjoy the nice weather we're having....
 
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