Q: My mother passed away in October 2016. I have an old will of hers that states that I would receive anything left from...
... her estate. She had nothing, so I didn't give it much thought. Today though, I received a note from Social Security stating that they have a small amount of money for a beneficiary... me. They want to send the funds to a legal representative of my mother's estate, which there isn't one currently defined. Her husband was listed as executor in her will but he passed years before my mother did. Her will is from 1989.
They are asking for proof that I am the legal representative of my mother's estate. They say the proof can be:
a. A certified copy of letters of appointment, or
b. A "short" certificate, or
c. A certified copy of order of appointment, or
d. Any official document issued by a court clerk or other proper official of an appointing court.
They also say an affidavit or or copy of a court order may work.
And, that appointment must show that it's still in affect.
My question: How do I obtain the proof I need?
A: Contact a local probate attorney who can review the information you received and advise you as to your options. If you did not probate her will, you do not have any of the documents you listed. If you are a named beneficiary on an account, then that should pass outside the estate, but if they are asking for these documents, then it is probably money that would be deposited into the estate. The attorney can tell you the cost involved and you can decide from there how to proceed. Good luck with this!
A: I am sorry for the loss of your mother. Since there are several avenues for determining who the rightful heirs of a deceased person are, I suggest you consult with a probate/estates attorney for information regarding your rights and options. You may be able to hire an attorney for very reasonable fees that will help you pursue this. Best wishes.
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