Brother's estate

[Tom3491]

Jurisdiction

Pennsylvania

My brother recently passed away in Pennsylvania (I live in NJ). He was in his 70s. He left no will. He was never married, and I am his only living heir. We weren't close, although we kept in touch.

He lived alone in a public low-income apartment. I was given access to the apartment and retrieved paperwork and some personal things, photos, etc. As best we can determine, his only assets are a checking account with a balance of around $3000 or less, a car that has a dead battery, two flat tires and is filthy, and some personal items that probably aren't worth more than a few hundred dollars. It looks like he had some unpaid medical bills, plus a couple of things like his most recent cable/internet bill and apartment rent.

The car seems to be a problem to me - it has a Kelly Blue Book retail value of $3000-$5000, but that's in sellable condition, which it's not, and I don't know what it would take to get it there. I ran it through the Carmax site and and got an offer of $1600, but it could end up being valued at less - I can't start it, it may have other problems I'm unaware of. If I were to try to sell the car I'm not sure how I would even do it, I have an idea there would be very little value in it after getting it running, towed, etc., which I would have to do remotely since I don't live in the area (I believe in PA I can get the title without probate.) It's currently in his apartment's parking lot, and I would imagine they want it moved, and may eventually have it towed.

I paid a funeral home $4000 to have him cremated, which I'd like reimbursed for if possible, but have done nothing else, and have not contacted anyone else.

It was suggested by a lawyer I spoke with informally that I do nothing except take control of the checking account and liquidate the car, without going through any kind of probate, and it would probably cover the funeral expenses I want reimbursed for and not much else, making the estate insolvent at that point. There's really not much to the estate and this seems like a common sense thing to do, but I don't want to leave myself exposed financially because I didn't do it right. Or maybe I could just walk away without doing anything, and forget the funeral expense.

Suggestions?

 

[army judge]

maybe I could just walk away without doing anything, and forget the funeral expense.

My sincerest condolences upon your brother's passing.
May he rest is peaceful repose.

Etiquette and formality aside, I'll address your pondering point.

Yes, walking away is one option available to you.

It was responsible of you, although not a legal duty to fund your brother's cremation.

Have you considered finalizing his estate via the "small estate" option?



Laws
Days After Death – No statute, although individual counties may have specific time limits.

Maximum Amount ($) – For surviving spouses (or partner in a civil union), the total value of the estate may not exceed $50,000, with up to $10,000 after settling all debts. (N.J.S.A. 3B:10-3) For all other heirs, the total value of the estate may not exceed $20,000. (N.J.S.A. 3B:10-4)

Signing Requirements – Must be notarized.

Statutes – Chapter 3B:10 – Grant of Letters of Administration

New Jersey Small Estate Affidavit Form – Affidavit of Assets and Declaration
New Jersey Statutes | Chapter 3B:10 - GRANT OF LETTERS OF ADMINISTRATION | Casetext
...

A New Jersey small estate affidavit is a form that can help heirs of a person who has died (a decedent) avoid a more lengthy process of settling the estate. This process is only available for cases in which the decedent died intestate, meaning without a will. Additionally, it's only available for estates with a total value below a level set by the state, and only when most of that amount is going to settle the debts of the estate. There are different maximum amounts depending on whether the person claiming the property is the surviving spouse or another party.


How to File (3 steps)
Step 1 – Make an Inventory New Jersey Small Estate Affidavit Form – Affidavit of Assets and Declaration
Step 2 – Notify Other Heirs (For non-spouses) New Jersey Small Estate Affidavit Form – Affidavit of Assets and Declaration
Step 3 – Fill Out and File New Jersey Small Estate Affidavit Form – Affidavit of Assets and Declaration

Step 1 – Make an Inventory
Create an inventory of all property. This will be used to verify whether it falls under the statutory limit, and will also be required information to include on the affidavit.

Step 2 – Notify Other Heirs
If there is no surviving spouse, another heir may serve as affiant, meaning the person who fills out the affidavit. Before doing so, it is necessary to notify and obtain the consent of all other potential heirs.

Step 3 – Fill Out and File
The affiant should fill out the form in the presence of a notary public, and file it with the surrogate court in the county where the decedent resided at the time of death. If, however, the affiant is not a New Jersey resident, then the document should be submitted to the court first, then may be notarized where the affiant lives. To find the correct court, consult the death certificate of the decedent, and use this Court Locator Courts | NJ Courts



New Jersey Small Estate Affidavit Form – Affidavit of Assets and Declaration
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[Tax Counsel]

Suggestions?

You have no legal obligation to do anything. But if you choose to step in and do something, then you want to do it correctly so that you don't end up with unpleasant surprises later on. You likely can do as the lawyer suggested of liquidating the few assets he had, reimburse yourself the funeral expenses, and it sounds like you'd be the one to inherit whatever is leftover.

As your brother was residing in PA at the time of his death, that is the proper state for any probate action. PA allows you to use a small estate process that is fairly simple in situations like this. As his brother and last remaining relative you may take money from the bank account up to $10,000 without the need to go to probate. If the car is in such bad shape that no one would want it except for parts or as junk then contact a junk/parts dealer and get them to take it off your hands. As you are the only beneficiary, there are no others you need to worry about making claims on his estate other than creditors. You can pay off the last rent and any outstanding medical bills up to what was in his estate and once the estate is out of assets, everyone else will walk away empty handed.

Here are some PA resources to help you get started:

Title 20 section 3102 of the PA statutes that provides the basic rules for small estates.
Nolo's probate shortcuts for small estates

A number of counties have web pages that direct you to what needs to be done in that county. Google "small estate" and the name of the county and state to see what's out there. For example, Philadelphia provides a link to the form for the affidavit you would use for small estates.

If you decide to take on this role, there will be a little work you'll need to do but it is mostly simple stuff that won't take a ton of time and money to do.

 

[adjusterjack]

It was suggested by a lawyer I spoke with informally that I do nothing except take control of the checking account and liquidate the car, without going through any kind of probate,

The problem with that is that the bank isn't likely to release the money to you without you getting appointed by the court as representative of the estate, even for the small estate process.

Once you do that, you are on the hook for following all the probate rules that apply.

There's really not much to the estate and this seems like a common sense thing to do, but I don't want to leave myself exposed financially because I didn't do it right

Law and common sense are often mutually exclusive.

Or maybe I could just walk away without doing anything, and forget the funeral expense.

That's certainly an option. You have no obligation to handle the estate at all. If you are willing to walk away, you may have to abandon the bank account along with the car and anything else.

 

[Tax Counsel]

The problem with that is that the bank isn't likely to release the money to you without you getting appointed by the court as representative of the estate, even for the small estate process.

In many states that's true, but that is not the case in PA. Bank accounts with $10,000 or less may be paid to a relative of the deceased with a death certificate without the need for probate.

 

[Tom3491]

These replies have been very helpful to me, thank you all. I'm thinking the best and cleanest way to go is the small estate probate process.

This situation hit me out of the blue. I was totally unprepared for it, and am just hoping to do the right thing. Thanks again.