Legal Question in Wills and Trusts in Virginia

I have agreed to be executor for my dear friend who is in very bad health and about to have major surgery. She is married but has no other family except a niece, and does not trust her elderly husband to handle her affairs after her passing. She has left me as sole beneficiary of her life insurance and expects me to pay the mortgage payments on her house so her husband, a friend of hers who resides there, and her pets can continue to live there. She recently drew up a will from a form online and it is so vague it makes no designations about who gets her autos, how her funds should be spent, etc. We currently only have a verbal agreement on what I should do with her life insurance funds. I assume the house will revert to her husband though he only gets $400 a month in social security and spends most of that on his medications. Her friend living there is unemployed and has no income. They both know she has named me executor of her estate and I will be her medical POA before her surgery. All her will basically states is how she wants her remains to be dealt with (cremation) and that "we" (the 3 of us) should continue to care for her pets "as gifts". She is employed and has been the sole provider of income for their household, but has recently gone back on short term disability and we aren't sure she will survive her upcoming surgery. I want to help my friend, but how can I protect myself from personal liability in dealing with her estate? She doesn't own much and she recently declared bankruptcy and most all of her debts were discharged, however she has a mortgage and other debts. Are proceeds from life insurance taxable as part of her estate? Since she is on disability, will the life insurance even be in effect if she is not working and paying the premiums? I live in another state than where she resides, though nearby. I am concerned that there will be no life insurance funds to carry out her wishes for her funeral and I'll end up being responsible for paying her final expenses which I cannot afford. Also, if I do receive her life insurance (I don't even have a copy of the policy) that her husband will be demanding money to pay all his living expenses though it was agreed that I would be paying the mortgage and property taxes only out of the proceeds. His name isn't even on her deed or mortgage. Also her mortgage balance greatly exceeds the amount I would get for her life insurance which he might lose the house anyway when the money runs out. A complicated situation for sure but I'd like to help my friend if possible after her demise without personal liability, hard feelings or complications on my part. How can I accomplish this without offending anyone involved or creating an unwanted personal liability? Thank you for your help.

1 Answer from Attorneys

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia

Looking for something else?