Brother Dies Intestate, Wildly Insolvent Estate, Easy Way To Handle Administration?

Peter_Vincent

New Member
Jurisdiction
New York
Hello,

My brother passed away in May at age 45. He had no wife or children and very few posessions outside of clothing (and nothing of significant value, probably totalling under $ 1,000 even if I somehow managed to sell the items on ebay or craigslist, though selling online isn't my expertise.

His expenses were very low (he lived with our mother) and his paycheck went to pay for food, clothing (he'd buy lots of t shirts, cowboy shirts and hats, cowboy boots, etc, but took rotten care of them), transit, used books (which he'd discard when done), partying, etc..

Most of his paycheck paid for his painkiller addiction.

I'm going through his papers. He was a financial mess, with lots of credit card debt, a few debts in collections, and one large amount in collections in the aftermath of a foreclosure ($ 125,000+). More debts surface now and then, and I expect to discover more over time.

As far as his assets go, best as I am aware he has one bank account with about $ 500, but he owes the same bank $ 3,000. I figure when go to the branch with a copy of his death certificate to close the account, they will close the account and hold on to the $ 500 in partial satisfaction of the debt.

There's no one that that bank in patricular can go after for full satisfaction of the debt.

He had a couple of life insurance policies with our mother as a beneficiary, but that's not part of his estate.

So my question is this: is it necessary to deal with intestate process and file as his estate's administrator? I was planning on just stamping his incoming mail "RETURN TO SENDER, (Name) Deceased (date of death)" and popping them in the mailbox, and continue to do that for about a year or until the letters stop.

I suppose if one of the creditors was a pest, I could send them a copy (or even an original) of the NY State Death Certificate.

There's nothing any creditor can collect anyway, once the bank takes the $500. There's nobody left to collect on. No wife and no children. His debts died with him.

I want to avoid the hassles of an administration as there's nothing at all that would even put a dent in any of his debts. It seems filing to be his administrator would be a big hassle and the end result is the same - sending creditors a form letter saying his estate is insolvent.

Can I just let this whole thing slide? It will likely be a colossal and frustrating watse of time.

Any thoughts or advice? Thanks!
 
Can I just let this whole thing slide?

My condolences upon your brother's death.

You are under no legal obligation to respond to any correspondence relating to your brother's debts.

It is never useful to contact a debt scavenger.
Why?
It only inspires, emboldens, encourages the debt scavenger to pester YOU, goad you, into paying the debt.

Of course, you won't pay, but why encourage a pest to pester, molest, and otherwise annoy you?

Grieve or mourn your brother's passing, support your mother, and ignore the scammers.

If you feel so inclined, a copy of your brother's death certificate should send the pests slithering away.
 
Army Judge,

Thank you very much for your response. That was my instinct, also. I know that none of us are respobsible for his debts. They died with him. If he had some assets, I could understand being the administrator. But this is going to be a hassle and the result will be the same.

I'm just going to stamp everything "Return to Sender: Deceased" and after a while just toss away any lingering correspondence regarding his debts.

Thank you very much! Have a great Independence Day!
 
Army Judge,

Thank you very much for your response. That was my instinct, also. I know that none of us are respobsible for his debts. They died with him. If he had some assets, I could understand being the administrator. But this is going to be a hassle and the result will be the same.

I'm just going to stamp everything "Return to Sender: Deceased" and after a while just toss away any lingering correspondence regarding his debts.

Thank you very much! Have a great Independence Day!


Thank you, Peter.
Have yourself a safe, enjoyable holiday as well, and God bless you and your mother.
May your brother forever rest in eternal peace, Amen.
 
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