Legal Question in Wills and Trusts in Massachusetts
My father died, leaving me as next of kin.
My father was hit by a truck. He died from the injuries. He was uninsured (medically and life). I was his next of kin. He had a 401(k) for which I am named beneficiary. There are certain other areas of his affairs that I need to tie up, but to do so do I need to be named administrator of his estate? If so, how do I go about doing this? And will I be held responsible for his hospital bills (he was on his bike hit by a truck)? Will the hospital have a right to go after the 401(k)?
3 Answers from Attorneys
Re: My father died, leaving me as next of kin.
In order to represent your father's interests you must file a petition of Administration in Probate Court in the county where your father lived. You will not be responsible to pay his bills from your assets but will have to pay his bills if he has probate assets available. The 401k passed to you by a contract right and is not part of his probate estate. The hospital can't go after the 401k.
Re: My father died, leaving me as next of kin.
You will need to contact an attorney with more details.
If there's no will, you may apply to become the administrator of his estate, but you don't have to. In fact, I'm not suggesting that you should do so without knowing more information from you.
To answer very generally, a son is generally not going to be personally liable for any expenses of his father's final illness (unless he was already legally liable during life for various reasons, or unless the son got money from his father before death which could have been used to pay those debts).
Assets "titled" in someone's name are generally available to be used to pay creditors like the hospital. 401(k)'s are NOT titled simply in the name of the donor, but are in the name of a trustee for the benefit of the designated beneficiaries, so at first glance, without knowing particulars that could change the results, I'd say those funds are unreachable by the creditors of the estate. They fall outside of the "probate" estate. There might be some means by which the creditor could reach them, however, so, again, you need to have a discussion with details with a lawyer.
You may call me if you like for a free initial consultation or e-mail me at [email protected] or [email protected] everything you think relevant and I'll then ask you to fill in the holes. Include amounts involved, values of personal property, information on the deed for and the value of his home if he owned one.
I assume (by saying you're next of kin) that you have no siblings and your father left no wife. Does anyone have a will? (If it's a lawyer, call me!) If appropriate, I can instruct you on becoming the administrator of his estate.
Re: My father died, leaving me as next of kin.
There are several legal issues in your question, but an attorney will need to speak with you to answer them (there is additional information needed...). You need to settle his estate. There may be a claim for your father's death, or at least for his medical bills, against an insurance company. This could be a big deal, and you should consult with an attorney immediately!
I am sorry for the loss of your father. I will be happy to speak with you, if you call my office. No charge for the call...
Tom
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
