Tag: Legal Issues

  • Unfinished Business

    Unfinished Business

    Today I’m exhausted.

    I’ve begun the process of taking care of all my unfinished Richard business. It’s a pretty impressive to-do list. There are just so many little things that need to be done, so many loose ends that need tying.

    In the early days after Richard’s death I had a lot of energy to get all the legal and financial things taken care of. I felt like making sure Richard’s money was secured, and his final financial house was in order, was one last thing I could do for my kid.

    But you can’t just go and transfer funds, and close accounts. You need legal documentation that says you have the right to do those things. That’s a good thing, because we don’t want someone to be able to come in and transfer all our money out of our bank accounts without jumping through a whole bunch of hoops.

    But there was a problem. This process all begins with the death certificate. It took three months to get Richard’s death certificate. That’s a long time to wait, and to maintain the desire to force yourself to do emotionally hard tasks.

    It also turns out most financial institutions won’t let you access accounts with only a death certificate. You need court orders that give you authority. This of course takes more time.

    Richard left behind a checking account, a small mutual fund account, a couple of paychecks, a broke down Camero, and assorted credit card bills.

    The credit cards were taken care of as soon as it was legally possible. I had an attorney do that for me. Credit card companies seem to take the news that they won’t be getting any money much better when a lawyer tells them.

    It’s the other items, the assets, that I’m struggling with.

    They’re like little pieces of him left behind. I know it sounds silly, but closing those items out is sort of like he’s dying all over again. At least a little bit.

    He had an automatic draft from his checking account of $50 each month going to his mutual fund. I had to stop that as soon as the death certificate arrived because his checking account balance got too low to make another payment. $50 bucks a month wasn’t much, but it was just an example of Richard’s plans for the future. The future that will never be. But I can still feel his hopes and dreams when I look at his account statements that come to our mail box.

    It’s really hard to let go of those pieces of him.  So, I’ve been putting it off.

    I’ve been forced to deal with it.

    Chase bank has started charging his account a monthly maintenance fee. In a couple of months they’ll have all that’s left in there. I don’t think he’d like that. So I’ve spent the last couple of days dealing with the bank to get his account closed. He had some sort of reward points that I’m having converted to cash. They’re worth nearly $100. It’s taking them a long time to post the funds to his account, so I’m still waiting to close it out.

    The emotional stress of such a simple thing as closing a bank account is exhausting.

    I still have to transfer his mutual fund into my name. I need to do something with his car that’s rotting in our driveway. And I need to have his two final paychecks, that expired before we could get the death certificate, reissued.

    I don’t want to do any of those things. But I guess the time has come.

  • Last 1040

    Last 1040

    April 15th. Tax day.

    Doing my taxes has never been one of my favorite things. Probably not yours either. Just seeing all that money that was taken away from us, and knowing it was just the tip of the iceberg with all the other taxes we pay on a day-t0-day basis, I usually end up in a bad mood.

    This year I got to do Richard’s return as well as ours. His last ever tax return.

    Writing the word “deceased” at the top of his return was a lot harder than seeing all the money the government stole from us.

    Richard was a college kid. He didn’t make a lot of money. So he gets a refund of all his withholdings.

    Of course the IRS has a form to fill out so you can get the refund due a dead person.  So I filled out Form 1310 and attached a copy of the court papers giving me the right to handle the legal affairs of Richard’s estate.

    And it all just seems so bizarre.

    He would be happy to know he was getting all his money back. I wish the check could still go to him.

  • A Final Accounting

    A Final Accounting

    As the court appointed administrator for Richard’s estate I have to provide the court an inventory of his estate.

    First off, it strikes me as funny the very notion of Richard having an estate. When I think of estates, I think about houses, farms, money, cars. Richard did have a small mutual fund account. And because the summer session at his college had just started when he died, the school refunded the tuition. While I paid the tuition, Richard was legally an adult, so they issued the check to him. So that also became part of his estate.

    But mostly he had credit card bills.

    It’s sad taking inventory of your child’s stuff. And placing a small dollar value on it. When really that stuff has a great value in memories and dreams. No dollar amount can replace that.

    But I took my accounting to my lawyer and signed the proper forms.

  • A Day in Court

    A Day in Court

    Yesterday I got to go to court.

    In order to get access to Richard’s bank account and his mutual fund, I have to be the administrator of his estate.

    I won’t go into how strange it sounds to talk about Richard’s estate – when he owed more than he owned. The lawyers call this an insolvent estate.

    I also won’t go into how heartbreaking it is to talk about my son’s estate.

    I started the day by meeting my lawyer, Sherman Riggs, at his office. We spent a little time going over the various forms that we would file in court. Making sure the information was correct and notarizing what needed to be.

    Then we walked across the street to the court house and went into the room for the Shelby District Court.

    And then we waited.

    Everyone that needs to use the District Court for probate meets at the court house on Monday morning at 10:30am. Then you wait till they call your name.

    Around 11am I heard the Honorable Donna Dutton call for, “The estate of Richard Morgan Mudd.” Sherman and I walked up to the judge’s bench.

    We spent a few minutes as the judge and the attorney went over the papers. Judge Dutton and I chatted a little – our daughter Sarah used to babysit for the judge.

    I was then asked to raise my right hand and swear an oath that I would do my best to properly take care of administering Richard’s estate.

    Then we went across the hall and stood in line at the office of the District Court Clerk. Here we got the judges orders notarized. It cost $91 to file the papers. [Editorial Rant] What do the taxes we pay do anyway? You still have to pay a big fee when you use the court system. The same court system you pay taxes to support. Geez. [End Editorial Rant]

    Then it was back to the attorney’s office to go over the next steps.

    After finishing up with Sherman, I went to the cemetery and told Richard all about how I was going to lose money getting access to his mutual fund account. Just so he wouldn’t haunt me for leaving it behind.

  • Probate Problems

    Probate Problems

    I was supposed to go to court on Monday to start probate on Richard’s estate.

    The purpose of the proceeding is to give me legal authority to handle Richard’s financial affairs. I need this authority to close out his accounts and clear up the final details of his financial life.

    My lawyer called today. Whether by a mistake of his staff or the clerk at the courthouse, our case didn’t get on the docket for Monday. It will have to wait till next week.

    We had to wait 3 months to get the death certificate. I guess one more week won’t be that important in the final big picture.

    Frustrating though.