My Mom has asked me to make sure that when she passes, not to notify her 2 sisters in Florida. They haven't spoken since my Nan died 35 years ago because her sisters threatened to sue me because my Nan and Pap, who raised me and had custody of me, left me everything in their will because my Mom's sisters were all married and had homes of their own but I didn't and was in college. They haven't even bothered with her as she has been dealing with serious health issues. They swarm in like a pack of vultures whenever a family member dies to see what they can get their hands on even though they are both wealthy. My Mom said she only wants a graveside ceremony with my brother and me in attendance and she wants her ashes mixed with her dogs and buried next to my grandparents. How do I go about letting her friends know when the time has come and honor her wishes not to have her sisters notified? She said she doesn't want them coming in at me again and fighting with me so that's why she doesn't want them notified. She knows how tough it was on me when I was 18, a college freshman, and having her sisters fight with me and threaten me. I had to leave school for a while because I had to spend every dime I had to hire a lawyer to fight them because I feel it's disrespectful for not complying with your parents final wishes. That's why I'm so conflicted because I want her friends notified and in our area, it's a law to have the obituary printed in the newspaper so it's officially on the record that the person has died. She has many great friends and I want them to know but I know her sisters still read our local paper online.
If it really is the law, we want to know which state you live in so we can avoid it.
If you are the executor of your mother's will, just don't answer the phone and consult only the probate clerk about carrying out the terms of the will or your attorney if you need backup to keep them out of your affairs.
Prepare yourself by knowing what info you will need and getting it together now, It is not disrespectful to your mom but will make your own life easier while handling probate. Make sure you have her will in hand. Be sure no one else can get into Mom's bank accounts. (Which sounds like it will be no problem unless she has neglected tightening this angle).
Some states won't let a person leave immediate family members out of the will. They must be named and dealt with specifically, Perhaps in your state, a dollar to each is all it takes. The lawyer will know. Maybe the courthouse will have a person to tell you what the law says. Interpreting it will be your part of the job. Always get legal advice.
All in all, you need a will and an attorney. If there's enough money to fight over, you will still come out better in the end after paying for the lawyer,
My round about way of saying that you may not be able to prevent your Aunts from hearing the news. You need to put a plan in place to deal with them should they show up. You cannot bar them from a public cemetery, but you do not have to allow them in your home.
A dear friend had her vulture of a mil go to her house after the service for her husband. She said she needed to rest and would miss the Tea. Yeah right, that woman packed up every gift she had ever given her son and his wife. She took art work off walls, books, framed photos. She took all his clothes from the dresser, no she had not given them, but as his mother she felt she was entitled to everything that had been his.
My friend felt so incredibly violated when she returned home. Her mil was still there but all the things had been shipped already. In 3 hours her mil had stripped her home oh any sign of her late husband.
A death notice may have to be filed but those aren’t filed with the newspaper.
You cant prevent her sisters from finding out she died.
https://articles.extension.org/pages/44966/is-there-a-legal-requirement-to-print-an-obituary-in-the-newspaper
Check your state.
Your mother only wants you and your brother at the funeral... then do just that... have a quiet graveside service with the two of you... go to a restaurant afterwards and remember her with laughter and stories and order food she would have eaten!
Don't tell anyone until after the funeral. If her friends feel hurt after you inform them tell them that was your mothers wishes. They will understand, then they may want a memorial service.
When your aunts find out... the service is done and you will only need to deal with her sisters.
My God bless you with his wisdom in dealing with this issue!
hgn
If your Aunts find out, don't be available. Nothing of your Moms belongs to them or should they feel it does.
I am assuming that your Mother lives in Pennsylvania. Most states require, by law, that the executor (of the deceased person's estate) advertise the estate (in the "Wanted Ads") to “request all persons having claims against the estate of the decedent to make known the same to [the executor] or his attorney, and all persons indebted to the decedent to make payment to [the executor] without delay.” (20 Pa. C.S.A. § 3162.)(Pennsylvania Law)
Advertisement must be made immediately after the estate is opened in a newspaper of general circulation “at or near the place where the decedent resided” and also in the legal periodical designated by the court for publication of such notices. The ad must run once a week for three successive weeks, and must contain the language described in the previous paragraph, along with the name and address of the executor.
The Register of Wills in the county where the estate was opened can help you determine which publications to use. Call the appropriate newspaper and legal periodical for assistance in placing an ad with the required language.
Advertising the estate serves at least two important purposes. First, it allows any potential creditors or claimants one year to makes claims known to the executor. After a year, claims against the estate will usually not be honored, and the executor may distribute the assets of the estate without fear of claims from unknown sources.
Second, advertisement starts the clock ticking on the allowable time for closing the estate. By law, an executor may file an account of the estate administration with the court “after four months from the first complete advertisement” of the estate.
In some cases, there is no probate estate filed with the Register of Wills because all assets of the decedent pass to beneficiaries by means of a revocable trust. The trustee of such a trust may also advertise in the same manner and thereby foreclose claims made more than a year after advertisement. (20 Pa. C.S.A. § 7755.) (Pennsylvania Law)
I am the executor of my Mother's Estate and some of the insurance companies that I contacted in regards to her insurance policies checked the Obituaries to verify her death instead of requiring that I send them a certified Death Certificate.
Unfortunately, no matter what you do, I would not be surprised if your Mother's Sisters find out about her death either from a newspaper or from some well-meaning friend offering condolences to the Sisters in Florida. Develop a plan of action as to how to handle the situation in case your Aunts show up uninvited in Pennsylvania. And as some of the other people have mentioned, if your Mother's Sisters show up, don't stress out about their presence, it is not your fault. {{{Hugs}}}
The value of the estate can be reduced by putting assets into trusts, naming Pay on Death (POD) recipients of financial accounts, and TOD (Transfer on Death) of other assets like real estate and autos. This has to be done before death, if course.
As for the funeral service: if your mother doesn't want her sisters at the funeral, notify the funeral home your mother did not want them at the funeral. You can provide names and photos (if you have any). The funeral home will have workers there anyway and they will run interference for you and turn them away.
My sister worked for a funeral home for 12 years, now newly retired, and turning away unwanted people was pretty common. In fact, when our mother passed in April my sisters had my brother and wife turned away.
If you only have a graveside service that you put together yourself (you don't have to have a funeral home do this), you can notify only those you want in attendance of the burial. Tell the invitees not to notify anyone else unless they check with you first.
If the sisters happen to turn up at your home, close the door on them. Don't let them in the house.
If this is about them not turning up at your mother's funeral, you publish the obituary after the event. If friends think it strange they will just have to cope.
If this is about preventing your aunts from ever taking an interest - sorry, but tough. The fact of a person's passing is a matter of public record. You can't keep it secret from anyone who is determined to find it out.
When Mom went on Medicaid, I made sure all outstanding bills were paid.
Please, don't go against Moms wishes. You have been down this road before. Let your Moms passing be peaceful. A graveside service can be nice. U can have a minister say a few words. Children and close friends. If there is anything to probate, it will take a few days to start that. Do what has to be done, wrap it up. Then if u feel Aunts should be notified, then send them a nice note saying Mom passed on _______. At her request, we had a small graveside service with her children attending. Her estate has been distributed as per her wishes.
I would put no return address or include any contact information and I would screen any calls. That should be ur last contact with them.
Because your mother wants to protect you, getting her wishes notarized won’t be an issue; even if it was s backup of her voice recording her final wishes.
check the state about what needs to be legally stated, if there is an obit, you’d have to let the chips fall where they may; that’s out of your control if or when they hear about it.
inform her friends by phone or by some sort of private event to let them know a dear friend has passed; if they know her well, they’ll understand her wishes.
but be proactive and get things ready- lawyer up if need be for legal issues and their advice- when you’re grieving, the last thing anyone wants is intrusive and angry relatives using toyr grief to their advantage.
It it sounds like you’re already on the right track so I hope all goes well for you and your brother. I can’t see the point of your aunts baring their fangs over what she has, but it’s best to be protected ahead of time
It is not the law in my state that an obituary be published. You might want to double check that for your state. Don't worry about your aunts. It is doubtful they have any rights to any of your mother's possessions.
I guess what I'm getting to is that maybe you can do some research, or talk to a lawyer, about this requirement and what it entails. What information is required to be published and what are the time frames for publishing? Does it have to be done within a certain number of days after death, etc? It may be that the publication is required as part of the probate process and not meant to be the obituary. Maybe the obituary can simple state that a private family service will be held at a future date that has yet to be determined.
If you must publish to comply with a law, you can't really get around that and it very well may tip off the sisters. Being in FL, it will likely take a few days to arrange for a flight or transportation to get there. Talking to a lawyer is certainly a good idea to ensure that everything you do is on the up and up and reduce the ability for the sisters to challenge you as much as possible. However, it won't stop them from trying. If they see some sort of benefit from challenging the will, they will do it. It's important that your mother's will is clear in its intent and done properly by a lawyer to ensure her wishes are honored as much as possible. Plan for the worst, hope for the best. That's the most you can do. You are a blessing to your mother to protect her wishes.
Family actually pays for Obituary, not a legal notice. Most people put it online through funeral home private page or commonly used page/ app like Legacy.
I am not sure if a death notice is automatically printed...call your local paper!
You need to get Durable POA, Durable Medical POA gives you control of the body till it is put in the ground...legal...binding...not reversible.
Since there was emotional distress and harrassment, see if you can get a Order of Protection. They probably won't fly up from FL to fight it, so you can get it renewed as Permanent (which may be only 2 years at a time, but renewable, depending on the state).
also was left everything from their estate which my sisters refuse to sign off on. The judge has signed an order to appear for all four of them. I called my parents dearest friends and gave them the information after both their passings. They were aware of my parents wishes, and told no one. I also informed the funeral home they were not welcome at the wake. The wake was called a private wake and no one could enter the room without my consent.
I have no love lost for them and now consider my self an only child who was there for my parents final time on this earth.
My husband and I do not regret any time of our lives we used to take care of both parents. We would do it again.....
We miss them both so much.
My sons don't want to be caught up in the conflict, but my Ex-sisters are like politicians at a wake in Chicago.
At our Mother's wake, they made their way around the room, talking, all so sweet with everyone....everyone except my friends! People came up to me asking what the ___ was up. They treated them like they were invisible, walk right past, not even acknowledge their presence.
I do not want that behavior at My wake.
Personally, I would notify them. If your mother truly left everything to you, and it was done properly by an attorney, there is nothing they can do.
It is unusual for a parent to leave all the inheritance to a grandchild.
An inheritance is not about who needs the money, it is about treating all their legal children fairly, in death.
In some countries like France and Spain, a Parent can not leave any legal adult children out of a will.
Your Aunts may be more hurt than angry.
Also, sometimes people say things they do not mean and then later regret it. Is your mother mentally fit, does she have dementia or Alzheimers?
Both dementia and Alzheimers can make people mean, nasty and spiteful towards the end.
As they lay dying, though, at the last moments, many times they feel regret, according to hospice nurses I have talked to, but they may not be able to tell anyone before it's to late. The hospice nurse is he only one who hears her last words.
IMO, be the bigger person and notify them of her pending death and eventual death, personally. It will then be up to them to decide whether or not to visit her before she dies or attend the funeral.
This lady has told her daughter not to notify her estranged siblings of her death. What part of that is difficult to comply with? The death itself they will eventually discover through other means, but the notification itself is a courtesy she expressly does not want extended to these women.
You may be all in favour of reconciliation and noblesse, but how dare you assume that everybody must feel the same?
I did not call her I waited for her to hear from someone else. Figured she never came to see her nor did she ever call to check on her so why should I call her when she passed?. I again feel you should do as your mom asked, have her put it writing and get it notarized that's her wishes stick to them.
Whether you honor her wishes about telling her sisters is really up to you - how do we know if our loved ones change their minds when they move onto the next phase after death?
Can you live with yourself if you don't tell the sisters? That is really what you need to think about. You have to be able to live with yourself.
I would probably tell them, but that is just me.
[RayLinStephens wrote: "how do we know if our loved ones change their minds when they move onto the next phase after death?
Can you live with yourself if you don't tell the sisters? That is really what you need to think about. You have to be able to live with yourself.
I would probably tell them, but that is just me."]
RayLinStephens:
All good points. Many people change their mind about spiteful action in the moments before they die. Typically by then it is too late.
I agree with your post.
I took care of my grandfather in my home. He to got a tad spiteful when he was sick, insisting the certain people not be invited to his funeral. Then in the minutes before he died, he pleaded with me to ignore his previous request to not invite certain people.
Had I not been at his bedside as he died, I would never have known.
If it should reach the point that they are harassing you, then a protective order may be necessary. For that, consult an attorney.
Most of the things I thought would be a problem weren’t at the time at all.
my best to you.