Sunday, February 14, 2010

Mom's Will and the Government.

As the executor of my mother's will I have found that I am mostly fulfilling government mandated requirements that insure that government entities get a share of the proceeds of my mother's estate. The process has little to do with my mother's will or her heirs. Government bureaucracies, banks, lawyers and undertakers descend upon the stricken corpse immediately, each demanding their legal share of the loot.

The process begins when the attending physician completes the death certificate. The state board of health has a checkbox that asks if the death was smoking related. The physician can check yes, probably or don't know. My mother's attending physician, who had never seen her before her last trip to the hospital checked probably. How would this healer know? But then again, he is only "practicing" medicine. We have to make accomodations since we all "know" that if you smoke, it is related to your death, no matter what you die of.

Next we have the undertaker who has legal guidance about the manner in which the remains must be handled. Many forms must be properly completed and provided to government bureaucracies to insure compliance with law. Once the fees are paid the remains can be processed. It costs about $10,000 to put your loved one's remains in a box and bury it in the ground, and fill out all the required paperwork.

Now comes my mother's bank, who, before they even have a death certificate, "know" that my mother has died and "as a service",  returned her direct deposit social security check to the government. How did they "know" that my mother died? Service to whom? The government?

Eventually the executor selects an attorney to walk youthrough the legal minefield created by attorneys, for attorneys and of attorneys. Fees vary wildly from 6% of the VALUE of the estate to flat fees of $150 per hour. It takes about 27 billable hours to process a simple, minimal estate... apparently. The work involves completing more government forms, court filings and contacting/discovering assets. Letters of testamentary are approved by the court allowing the executor to handle estate business.

Interestingly, the lawyer advises that I pay no-one. I should make them seek payment through the court. Odd.

Again to the bank, with Letters of Testamentary, to close the deceased's bank account and armed with a new federal tax ID, set up an estate account. Lots of documents must be sent to the government to make this happen. Then wait for documents to be processed by bureaucracies before the account can be opened.

Yesterday I HAD to go to the cemetery to get the final paperwork for interment. This visit is a legal requirement that basically gives the cemetery an opportunity to deliver a sales pitch for more services and plot sales.

That's where we are 55 days after mother died. I'll post again as the process progresses. The government has more assets to legally acquire and redistribute...it will just take awhile to discover what she had so she can pay her "fair share".

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