Is there a way for me to "cash" my late aunt's dividend checks or have them transferred over to me?

She has stock in a couple companies and they keep sending her dividend checks but she's been dead 6 years (as of Jan. 5th).
She was involved with a number of scammers the last few years of her life who took her for at least $11,000,000.00 and then, she mortgaged the house and car to give them even MORE money!! Now. the bank wants their mortgage money back and since I'm now in charge of the house, they want ME to pay them the money... money I no longer have!! When they first started asking for it, I COULD'VE paid them off within 2 years but, they refused MY money and ONLY wanted HERS but, she was already dead 2 years!!
I know there's not enough in all these checks to pay them off but, it'll at least take care of a huge chunk of what she owes and get the bank off MY ass!!

Is there a way I can endorse the checks over to the bank or get the stock in my name so I can pay off the bank?

WindAtMyBack

Guru Age: 69

815 opinions shared on Other topic.

Something is missing here. She can't still own stock because she's dead.

Is it still in probate or otherwise unresolved? If not, I'm sure there is some process to handle things that were not discovered or resolved during probate.

The stocks themselves should have been dealt with already. I don't see how this can happen unless nobody knew about the stocks.

I also don't see how you can be liable for her debts. That should also be taken care of during probate. I don't see how it's possible for you to owe the bank money for the mortgage. It's not your debt, it was hers and that should have been taken care of.

Anyway, it sounds like you need a lawyer.

FunkyMonkee

2 d
It's in her name and, apparently, they don't know she's dead.
I guess it's unresolved. The court decided I get the house.
I knew about the stocks (because I keep getting the checks) and my lawyer knows.
Well, when she died, she wanted me to have the house but, IF there's a Will, it can't be found and all we had was her word (via me) and that of a close friend and a couple of my cousins. She called them after she made the decision to see if it was okay with them and they both said it was fine, until she died a few weeks later and then, they both claimed the house is theirs! But I'm living here and paying ALL the bills and they contribute NOTHING so, I have the greater say. So, once I was "given" the house, the mortgage became my problem! Now that I no longer have the money, I have to come up with it to pay off the mortgage or lose the house to the bank. If I lose this, I have no place left to go!! My ex-sisters took my parent's house away from me 8 years ago which is how I ended up here and now the bank wants to take this away from me, because they refused to take my money 4 years ago when I had it!!
I've got one as of 2 years ago.
It also doesn't help that I have no phone!! I have a few calls I need to make but I can't get ANYBODY to help me get a god damn SIM card for my phone!!!

Reply
Staximus

2 d
Dude, if you can't even afford a phone then it's time to get a job

Reply
WindAtMyBack

1 d
"all we had was her word (via me)"

They probably don't need your word. Your state will have a specific order they go by if there is no will. For example:

Spouse
Children
Parents
Grandchildren
Etc

You should be able to easily look up the order in your state. If you were awarded the house it means you were higher on the list. If you had cousins, maybe you were blood related to your aunt and they were not.

If your lawyer knows about the stock, they are the one to ask. Was this lawyer the one who handled the estate?

Generally the way it's done is to add up all the assets of the estate. Then subtract all the debts and expenses, including the lawyer fees, final medical bills, funeral costs, etc.

If there is anything left, that is what's distributed to the beneficiaries. If the debts and bills add up to more than the assets, there is an overall debt and that is not passed on to beneficiaries. They just don't get anything because there is nothing left. There may be some exceptions though.

For example:

Assets = 1,000,000
Debts and bills = 200,000

Then 800,000 will be distributed

Assets = 1,000,000
Debts and bills = 1,200,000

The 200,000 in debt is not passed on, so you will not be liable for that.

Since debts are not passed on. It sounds like you took over the mortgage on the house. I'd think the lender would want to qualify you as if you were taking out a new loan. But that's just a guess.

You really need tog et a lawyer in on this. If you have a lawyer, they might not even charge for just asking a few questions.

You also need top make your own will so this doesn't happen to anyone else. It can be done without a will, but a will makes it sooo much easier. You can make a will for free.

Reply
FunkyMonkee

1 d
@Staximus I've GOT the phone, it needs a new SIM card and I have no way to GET TO a job, right now. I WAS doing voice acting in movies and want to get back into that but I'm not bringing my recording gear up here and risk losing it if they kick me out of the house! Once all this shit gets settled, THEN I'll start looking for more work. I can't really get back into physical work because, for some reason, my hip went bad on me in July and I've hardly been able to walk ever since.

Reply
Staximus

1 d
Shit, the hip

Reply
FunkyMonkee

1 d
I just meant, she told me. Now, she's dead so it's me saying what she told me. But., she also told Vickie and my two cousins that now claim it's their house AFTER telling her it was okay with them that she leaves it to me.
As for the checks, what SHOULD'VE happened was that she should put my name on the stocks along with her or did as mom did: sign her stocks over TO me. Unlike those cousins whom EVERYBODY KNOWS are liars and cheaters and can't be trusted, I'm a VERY honest guy and, if she did a joint account with me and said I'm not to touch any of it `til after she dies, that's exactly what'd happen! (When I HAD money and I told mom I was going to the store for groceries, she always made me take a $20 from her purse to help pay for it so, I WOULD take the $20 but use MY money, even if it was $50/$60 and, later, when she wasn't looking, I'd put her $20 back into her purse! I considered buying food for the both of us a type of rent for letting me stay there.)
As for the order, my aunt never had any kids. She took me in because of how I took care of her sister and how MY sisters fucked me over, kicking me out of the house mom WANTED me to stay in, after mom died!! My sisters were robbing her blind and wanted to just toss her intro a nursing home!! I stuck by her and did what I could for her!
So, my aunt has no children, grandchildren, etc.. She always treated a lot of us like her children. And, her hubby died 18 months before she did.
We're all blood related. They are her brother's kids and I was her sister's kid.
According to what I'm told, my aunt's cousin (a lawyer) made an estate but, nobody seems to know where it is, how to access it, etc.. Music is my line, I don't know much about legal matters.
She died penniless, having thrown all her money away on scammers and I took over paying all the bills 4 months before she died. Apparently, she had enough somewhere in insurance to pay for the funeral and the funeral director threw in the coffin for free.

Reply
FunkyMonkee

1 d
The lawyer is working pro bono through a religious agency. So far, he's been a TON better than the one I had 7 years ago who didn't do SHIT for me but took his hefty cut off the top once I got my check from the sale of the house!!!
If that's what they're doing or thinking of doing (qualifying me as a new loan) they haven't said so.
One of the first times I met up with this lawyer, I asked about those checks and they took them with them and said we'd deal with them later. I'm just wondering if there's a way I can give those to the bank against the mortgage since it IS her money and that's what they said they wanted!! Shouldn't the bank have a way of endorsing them for themselves?
I know but, I have no one to leave anything to!! Other than this house, all I was able to get out of my house was my records, stereo, drums, guitars, synths and a few other collections I had. I wasn't even allowed to get ALL of my records so, I lost over 2000 of them!! I also lost probably million or more worth of collectibles!!

Reply
FunkyMonkee

1 d
@Staximus Yes, I was fine one day and, within a day or two of my last birthday, I couldn't walk, anymore!! I've made a good bit of progress but I have to be careful not to hurt it, again. I did that last week and went back to not walking, again.

Reply

What Girls & Guys Said

Opinion

WindAtMyBack Follow
Guru Age: 69 , mho 60%

2 d
815 opinions shared on Other topic.

Something is missing here. She can't still own stock because she's dead.

Is it still in probate or otherwise unresolved? If not, I'm sure there is some process to handle things that were not discovered or resolved during probate.

The stocks themselves should have been dealt with already. I don't see how this can happen unless nobody knew about the stocks.

I also don't see how you can be liable for her debts. That should also be taken care of during probate. I don't see how it's possible for you to owe the bank money for the mortgage. It's not your debt, it was hers and that should have been taken care of.
Anyway, it sounds like you need a lawyer.

0

8 Reply
- FunkyMonkee
  
  2 d
  It's in her name and, apparently, they don't know she's dead.
  I guess it's unresolved. The court decided I get the house.
  I knew about the stocks (because I keep getting the checks) and my lawyer knows.
  Well, when she died, she wanted me to have the house but, IF there's a Will, it can't be found and all we had was her word (via me) and that of a close friend and a couple of my cousins. She called them after she made the decision to see if it was okay with them and they both said it was fine, until she died a few weeks later and then, they both claimed the house is theirs! But I'm living here and paying ALL the bills and they contribute NOTHING so, I have the greater say. So, once I was "given" the house, the mortgage became my problem! Now that I no longer have the money, I have to come up with it to pay off the mortgage or lose the house to the bank. If I lose this, I have no place left to go!! My ex-sisters took my parent's house away from me 8 years ago which is how I ended up here and now the bank wants to take this away from me, because they refused to take my money 4 years ago when I had it!!
  I've got one as of 2 years ago.
  It also doesn't help that I have no phone!! I have a few calls I need to make but I can't get ANYBODY to help me get a god damn SIM card for my phone!!!
  
- Staximus
  
  2 d
  Dude, if you can't even afford a phone then it's time to get a job
  
- WindAtMyBack
  
  1 d
  "all we had was her word (via me)"
  
  They probably don't need your word. Your state will have a specific order they go by if there is no will. For example:
  
  Spouse
  Children
  Parents
  Grandchildren
  Etc
  
  You should be able to easily look up the order in your state. If you were awarded the house it means you were higher on the list. If you had cousins, maybe you were blood related to your aunt and they were not.
  
  If your lawyer knows about the stock, they are the one to ask. Was this lawyer the one who handled the estate?
  
  Generally the way it's done is to add up all the assets of the estate. Then subtract all the debts and expenses, including the lawyer fees, final medical bills, funeral costs, etc.
  
  If there is anything left, that is what's distributed to the beneficiaries. If the debts and bills add up to more than the assets, there is an overall debt and that is not passed on to beneficiaries. They just don't get anything because there is nothing left. There may be some exceptions though.
  
  For example:
  
  Assets = 1,000,000
  Debts and bills = 200,000
  
  Then 800,000 will be distributed
  
  Assets = 1,000,000
  Debts and bills = 1,200,000
  
  The 200,000 in debt is not passed on, so you will not be liable for that.
  
  Since debts are not passed on. It sounds like you took over the mortgage on the house. I'd think the lender would want to qualify you as if you were taking out a new loan. But that's just a guess.
  
  You really need tog et a lawyer in on this. If you have a lawyer, they might not even charge for just asking a few questions.
  
  You also need top make your own will so this doesn't happen to anyone else. It can be done without a will, but a will makes it sooo much easier. You can make a will for free.
  
- FunkyMonkee
  
  1 d
  @Staximus I've GOT the phone, it needs a new SIM card and I have no way to GET TO a job, right now. I WAS doing voice acting in movies and want to get back into that but I'm not bringing my recording gear up here and risk losing it if they kick me out of the house! Once all this shit gets settled, THEN I'll start looking for more work. I can't really get back into physical work because, for some reason, my hip went bad on me in July and I've hardly been able to walk ever since.
  
- Staximus
  
  1 d
  Shit, the hip
  
- FunkyMonkee
  
  1 d
  I just meant, she told me. Now, she's dead so it's me saying what she told me. But., she also told Vickie and my two cousins that now claim it's their house AFTER telling her it was okay with them that she leaves it to me.
  As for the checks, what SHOULD'VE happened was that she should put my name on the stocks along with her or did as mom did: sign her stocks over TO me. Unlike those cousins whom EVERYBODY KNOWS are liars and cheaters and can't be trusted, I'm a VERY honest guy and, if she did a joint account with me and said I'm not to touch any of it `til after she dies, that's exactly what'd happen! (When I HAD money and I told mom I was going to the store for groceries, she always made me take a $20 from her purse to help pay for it so, I WOULD take the $20 but use MY money, even if it was $50/$60 and, later, when she wasn't looking, I'd put her $20 back into her purse! I considered buying food for the both of us a type of rent for letting me stay there.)
  As for the order, my aunt never had any kids. She took me in because of how I took care of her sister and how MY sisters fucked me over, kicking me out of the house mom WANTED me to stay in, after mom died!! My sisters were robbing her blind and wanted to just toss her intro a nursing home!! I stuck by her and did what I could for her!
  So, my aunt has no children, grandchildren, etc.. She always treated a lot of us like her children. And, her hubby died 18 months before she did.
  We're all blood related. They are her brother's kids and I was her sister's kid.
  According to what I'm told, my aunt's cousin (a lawyer) made an estate but, nobody seems to know where it is, how to access it, etc.. Music is my line, I don't know much about legal matters.
  She died penniless, having thrown all her money away on scammers and I took over paying all the bills 4 months before she died. Apparently, she had enough somewhere in insurance to pay for the funeral and the funeral director threw in the coffin for free.
  
- FunkyMonkee
  
  1 d
  The lawyer is working pro bono through a religious agency. So far, he's been a TON better than the one I had 7 years ago who didn't do SHIT for me but took his hefty cut off the top once I got my check from the sale of the house!!!
  If that's what they're doing or thinking of doing (qualifying me as a new loan) they haven't said so.
  One of the first times I met up with this lawyer, I asked about those checks and they took them with them and said we'd deal with them later. I'm just wondering if there's a way I can give those to the bank against the mortgage since it IS her money and that's what they said they wanted!! Shouldn't the bank have a way of endorsing them for themselves?
  I know but, I have no one to leave anything to!! Other than this house, all I was able to get out of my house was my records, stereo, drums, guitars, synths and a few other collections I had. I wasn't even allowed to get ALL of my records so, I lost over 2000 of them!! I also lost probably million or more worth of collectibles!!
  
- FunkyMonkee
  
  1 d
  @Staximus Yes, I was fine one day and, within a day or two of my last birthday, I couldn't walk, anymore!! I've made a good bit of progress but I have to be careful not to hurt it, again. I did that last week and went back to not walking, again.
  
Cidknee Follow
Xper 5 Age: 32

2 d

Probably need a lawyer and her will pr judges verdict of inheritance.

0

5 Reply
- Cidknee
  
  2 d
  *or. .
  
- Cidknee
  
  2 d
  Ask OlderandWiser
  
- FunkyMonkee
  
  2 d
  Can't find her Will IF she even has one!!
  
- Cidknee
  
  2 d
  Who received the most?
  
- FunkyMonkee
  
  1 d
  The most what? The judge ruled that I can stay here since I'm paying all the bills and that gives me more right to the place than either of them. Besides, they already have their own places!! In fact, the one cousin is in my aunt's old house and was SUPPOSED to have bought it from her but he's only ever made one payment so, he doesn't really even own that house!!
  
Anonymous
(36-45)

2 d

You should have done it earlier... waiting six years is maybe too much.

0

1 Reply
- FunkyMonkee
  
  1 d
  I asked my lawyer about it 4 or 5 years ago and he said we should just deal with the house situation, first.
m
NathanDavis Follow
Master Age: 35 , mho 32%

2 d
8.7K opinions shared on Other topic.

get a lawyer

0

3 Reply
- FunkyMonkee
  
  2 d
  Got one, he doesn't know of a way to do that.
  
- m
  
  NathanDavis
  
  2 d
  get a GOOD lawyer*
  
- FunkyMonkee
  
  2 d
  He's with a huge law firm.
  
In_Trance Follow
Master Age: 27

2 d
3.4K opinions shared on Other topic.

no they're isn't

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Is there a way for me to "cash" my late aunt's dividend checks or have them transferred over to me?

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