My 56 year old brother died suddenly Feb 23.
He was working a contracting job in Los Angeles with no family nearby. His eldest adult son and I have gotten mortuary arrangements underway, cleaned out his apartment and put his car in storage.
My brother's most recent will was written when he was married to his now-ex-wife in Illinois. (They have been divorced about three years.) We cannot find a more recent will.
Assets: We have not found the title to his car (which was paid off and probably his only asset). We also cannot find any evidence that he complied with a divorce decree requirement that he carry life insurance. (As a contractor, he did not have typical company benefits.) He told me he had liquidated all his IRAs years ago.
Debts: Per his ex-wife, he was $32,000 behind on child support. He had over $100,000 in other debt, mostly credit cards.
Given these circumstances, what's the best way to sort this?
His son and I jumped in to do the most urgent basics, but should an Illinois executor now be appointed to carry out his most recent will?
The duties would be selling the car, finding and closing any bank accounts,* reimbursing the mortuary expenses (which I up-fronted) and paying creditors in the mandated order. Obviously all the creditors will be stiffed since back child support will absorb any money received from selling the car, but they still need to be notified.
If an executor isn't needed or advisable in these circumstances, any idea what to do with a vehicle whose owner has passed but left no title? (The car, an Infinity QX, is now in storage.) Can you get a replacement from the state in which it was titled?
(I reported his death to Social Security and his ex-wife understands what she needs to do to get benefits for their three minor children. Does Social Security notify the IRS or is that another task either I or an executor needs to do?)
Thanks - I appreciate any advice.
*This will be complicated as all his financial accounts were frozen Oct 2018 when the feds caught up with him. At that time, he was $106,000 behind on child support. I have no idea how he deposited his paychecks or paid bills like utilities since then.
He was working a contracting job in Los Angeles with no family nearby. His eldest adult son and I have gotten mortuary arrangements underway, cleaned out his apartment and put his car in storage.
My brother's most recent will was written when he was married to his now-ex-wife in Illinois. (They have been divorced about three years.) We cannot find a more recent will.
Assets: We have not found the title to his car (which was paid off and probably his only asset). We also cannot find any evidence that he complied with a divorce decree requirement that he carry life insurance. (As a contractor, he did not have typical company benefits.) He told me he had liquidated all his IRAs years ago.
Debts: Per his ex-wife, he was $32,000 behind on child support. He had over $100,000 in other debt, mostly credit cards.
Given these circumstances, what's the best way to sort this?
His son and I jumped in to do the most urgent basics, but should an Illinois executor now be appointed to carry out his most recent will?
The duties would be selling the car, finding and closing any bank accounts,* reimbursing the mortuary expenses (which I up-fronted) and paying creditors in the mandated order. Obviously all the creditors will be stiffed since back child support will absorb any money received from selling the car, but they still need to be notified.
If an executor isn't needed or advisable in these circumstances, any idea what to do with a vehicle whose owner has passed but left no title? (The car, an Infinity QX, is now in storage.) Can you get a replacement from the state in which it was titled?
(I reported his death to Social Security and his ex-wife understands what she needs to do to get benefits for their three minor children. Does Social Security notify the IRS or is that another task either I or an executor needs to do?)
Thanks - I appreciate any advice.
*This will be complicated as all his financial accounts were frozen Oct 2018 when the feds caught up with him. At that time, he was $106,000 behind on child support. I have no idea how he deposited his paychecks or paid bills like utilities since then.