In Pennsylvania. My husband who I was separated from (we had been living apart for four months, no paperwork filed yet), died suddenly this week. I was told I am technically next of kin. (I am sharing it with his oldest daughter from his previous marriage, however I had to sign all the necessary paperwork at the funeral home and things like that).
He bought a foreclosed house almost two years before we were married, and I moved in a few months after he bought it. Nothing has my name on it, mortgage, utilities, other misc bills. We never even had a bank account together. Literally, the only thing I have that has both our names on it is our marriage certificate. We filed taxes as separate but married in 2012. We filed as single in 2011 (we were married late 2011) He does have four children from his previous marriage, he was legally divorced (two of them are minors). i am have not resided in the home for four months.
I understand being next of kin, I have certain rights and/or responsibilities. But I am more worried about the house and mortgage. (when he died he was behind on almost all of his bills, including the mortgage). I know it can go into an estate, but am assuming not I or his oldest daughter will be responsible for the debt? And as his spouse, even with an "estate" am I allowed to try to sell it to pay off the loan and/or give it back to the bank? (which would also be fine because it is not in good condition so selling may not work or be useful)
We did find a power of attorney he wrote, however it was something he printed off the internet and just filled it out, signed and dated this May. It is not notarized or anything, but all opinions appear to be that it can be followed. He left a friend of ours, (also the realtor who helped him buy the house) as the executor of the estate/property, and then just wrote that we should sell everything we can and split it up between me and his children and his ex-wife. this is fine with me and his family, but can we use it as a valid power of attorney (for mortgage company and things like that) if it is not notarized?
Thanks so much
He bought a foreclosed house almost two years before we were married, and I moved in a few months after he bought it. Nothing has my name on it, mortgage, utilities, other misc bills. We never even had a bank account together. Literally, the only thing I have that has both our names on it is our marriage certificate. We filed taxes as separate but married in 2012. We filed as single in 2011 (we were married late 2011) He does have four children from his previous marriage, he was legally divorced (two of them are minors). i am have not resided in the home for four months.
I understand being next of kin, I have certain rights and/or responsibilities. But I am more worried about the house and mortgage. (when he died he was behind on almost all of his bills, including the mortgage). I know it can go into an estate, but am assuming not I or his oldest daughter will be responsible for the debt? And as his spouse, even with an "estate" am I allowed to try to sell it to pay off the loan and/or give it back to the bank? (which would also be fine because it is not in good condition so selling may not work or be useful)
We did find a power of attorney he wrote, however it was something he printed off the internet and just filled it out, signed and dated this May. It is not notarized or anything, but all opinions appear to be that it can be followed. He left a friend of ours, (also the realtor who helped him buy the house) as the executor of the estate/property, and then just wrote that we should sell everything we can and split it up between me and his children and his ex-wife. this is fine with me and his family, but can we use it as a valid power of attorney (for mortgage company and things like that) if it is not notarized?
Thanks so much