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Posted: 7/20/2024 2:48:44 PM EDT
A friend of mine committed suicide about two weeks ago and was found on a welfare check the past Monday 7/15.
I am is medical power of attorney and had to be there for him last year when he attempted suicide and was in the hospital. I don't know if he has a will, his sister in law (who is his brother's widow) is his next of kin. He has cousins somewhere but I don't know what state. She will be coming to Albuquerque, NM next month sometime in August. To get his personal belongings like photos. He didn't have much at all. My question is how to I get into the house legally since I don't have a key and the Medical POA paperwork is in the house somewhere. The house probably needs to be opened up, aired out since his body was in it for about a week. Whatever he was sitting/laying on will be a bio hazard and dealt with properly. |
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Posted: 7/20/2024 2:55:31 PM EDT
[#1]
Force open the garage door. If you’re really worried, call the local police department explain to them what you’re doing.
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Posted: 7/20/2024 2:56:23 PM EDT
[#2]
I’m as far from experienced with this as you can get. But I’d start with the local sheriffs department and a locksmith.
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Posted: 7/20/2024 2:58:38 PM EDT
[#3]
Quote HistoryOriginally Posted By 18B30: Force open the garage door. If you’re really worried, call the local police department explain to them what you’re doing. Something like this is what I was thinking. I guess I will contact the local PD. |
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Posted: 7/20/2024 3:14:18 PM EDT
[#4]
As usual I’m of little help but I do sympathize for YOUR loss.
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Posted: 7/20/2024 3:50:21 PM EDT
[#5]
Yeah, the local PD unfortunately, likely has experience with this, and it is best to keep them informed as just breaking in is illegal.
Condolences bud. Hope you find a will. |
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USA
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Posted: 7/20/2024 4:34:16 PM EDT
[#6]
Your POA authority ended with him. The next of kin now has that authority. Stay out of it unless she asks.
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MN, USA
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Posted: 7/20/2024 5:09:24 PM EDT
[#7]
Quote HistoryOriginally Posted By Mike_Golf: Your POA authority ended with him. The next of kin now has that authority. Stay out of it unless she asks. This is the answer, your medical poa died the minute he did..your done unless his family askes for your help |
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Posted: 7/20/2024 5:17:23 PM EDT
[#8]
She has asked.
I told her I would get into the house before she gets here. |
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USA
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Posted: 7/20/2024 5:51:36 PM EDT
[Last Edit: sidequest]
[#9]
Quote HistoryOriginally Posted By icecold1: This is the answer, your medical poa died the minute he did..your done unless his family askes for your help Quote HistoryOriginally Posted By icecold1: Originally Posted By Mike_Golf: Your POA authority ended with him. The next of kin now has that authority. Stay out of it unless she asks. This is the answer, your medical poa died the minute he did..your done unless his family askes for your help To add to this, medical POA is not general POA. My parents have medical POA to make care decisions if I'm incapacitated, but that doesn't authorize access to my bank accounts, etc. Also, next of kin doesn't necessarily have any authority regarding the estate. The executor of the estate has the authority to deal with the estate. Next of kin may be the executor but not always. If my friend was dead, and emergency services already removed his body, I wouldn't break into his home to do anything without legal authorization. |
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TX, USA
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Posted: 7/20/2024 6:18:42 PM EDT
[#10]
Quote HistoryOriginally Posted By Mike_Golf: Your POA authority ended with him. The next of kin now has that authority. Stay out of it unless she asks. Widowed spouse of brother has no blood relation, are generally not next of kin. Actual cousins are. Tread carefully. |
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Posted: 7/20/2024 9:11:49 PM EDT
[#11]
Quote HistoryOriginally Posted By RenegadeX: Widowed spouse of brother has no blood relation, are generally not next of kin. Actual cousins are. Tread carefully. Quote HistoryOriginally Posted By RenegadeX: Originally Posted By Mike_Golf: Your POA authority ended with him. The next of kin now has that authority. Stay out of it unless she asks. Widowed spouse of brother has no blood relation, are generally not next of kin. Actual cousins are. Tread carefully. This is also correct along with the reply about the Executor if there is one. If there are living sons or daughters or grandchildren they probably have more say in the handling of his estate than others. I don't know that I'd break into the house unless I had it in writing that I was acting on behalf of the deceased person family. I'm doubtful the sister-in-law qualifies. Whatever comes may he RIP and condolances for your loss. |
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FL, USA
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Posted: 7/20/2024 9:13:22 PM EDT
[#12]
Do NOTHING without an attorney who knows estate work in the proper jurisdiction.
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TX, USA
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Posted: 7/20/2024 9:22:41 PM EDT
[#13]
If you aren't family or the executor of his will, them there isn't much you can do unless a family member specifically asks you to do something.
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Posted: 7/21/2024 12:29:00 AM EDT
[#14]
Thanks for all the advice.
He never married and had no children. I don't think any cousins will be coming for anything. His SIL will be bringing her daughters, his nieces. I'm just trying to get things ready for their arrival, but it seems like there isn't much I can do. |
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AR, USA
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Posted: 7/21/2024 12:57:13 AM EDT
[#15]
How did the people that found the body get in?
Maybe go in the same way? |
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Posted: 7/21/2024 1:06:38 AM EDT
[#16]
Quote HistoryOriginally Posted By stevec223: How did the people that found the body get in? Maybe go in the same way? Another friend of his called the PD for a welfare check. The cops got in somehow. |
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Posted: 7/22/2024 8:25:28 PM EDT
[#17]
Your SIL needs a probate attorney ASAP. If your friend has no living children, his parents are dead, and only sibling is dead, then her nieces may be the only heirs. If they are then SIL can file in court to be the estate executor, especially if they're minor children.
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Posted: 7/22/2024 10:51:02 PM EDT
[Last Edit: joeIII223]
[#18]
The children (nieces) are adults.
I am going to make some phone calls tomorrow. Thanks |
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Posted: 8/9/2024 11:32:27 PM EDT
[#19]
Update
Sister in law was able to get into the house and start probate. |
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