I wasn't arrested, repeatedly seduced by a barrage of women with ulterior motives, or killed by the government, so my story would make a terrible novel, but this is how I felt dealing with the government as the executor of a family member's estate.
After I grieved for some time and taken sentimental items, her house had fallen into disrepair, so I sold it at a loss to an investor, and I was mostly ready to start moving on with my life. Somehow, the death certificate provided to me by the government about a year prior to this did not indicate that the government was aware of her death, and I needed send them back a copy of that very certificate in order to make the government officially aware of what happened.
Then I was told that I would need to wait six months for the estate process to end. During that time, I was given random tasks to do at no set interval, usually with deadlines of only a couple days. Then literally one day before the six month time period was over, I was told that the government would be taking the money in the estate due to unpaid medical bills from some years before her death (the same trips to the hospital that had failed to diagnose her illness in the first place). After getting more lawyers to investigate whether this was possible and correct (it was, private creditors' time limit starts at the time of death, but government's time limit starts whenever the aforementioned paperwork is filed (also this only took me a day or so to figure out, because I do not enjoy long drawn out bureaucratic processes unlike the state government I was interacting with)), I resigned to give up and give them the money.
However, that was not an option either. It took ANOTHER six months of random tasks to actually give them the money. I honestly don't remember what most of the tasks were, because none of it made any sense, but the final task really summed up the whole process. I received a call on a Thursday afternoon: I had to mail a physical check to my lawyer to then hand-deliver to a department within seven days, but that department was only open on Mondays 10AM to noon.
All for the terrible crime of having a family member die without having memorized estate law ahead of time. I do consider what they did some unnecessary abstract form of violence/coercion, because otherwise I obviously would not have voluntarily signed up to do any of that shit. At least if they had been honest enough to tell me at the start they were planning to just take everything, I would've just declined to be the executor and let the government do what it wanted with the property. They could have had that money (probably more money, since I wouldn't have paid a third of it to an estate lawyer and the house would've been in better condition) close to two years earlier and left me alone at the same time.
My Uncle-in-law is literally going through this process right now. There’s literally nothing left for the family despite so much being left to it. It’s mind-blowing how land that has been passed down for generations just goes “poof.” Meanwhile, had the family member known they were going to pass away, they could have just sold the land for a token amount and it wouldn’t have been part of the estate.
And these are two fine examples of why if you have anything at all, you want to put as much of it as possible in a trust. Properly constructed and administered, this will avoid all of the above sort of nonsense related to estate probate processes, properly avoid many taxes and processes, keep it all non-public (probate in inherently public), and greatly reduce the burden on your family/successors. Find a GOOD Trust & Estates attny (not just a rando hanging out a shingle, of which there are many), having an LLM degree in T&E is a good sign. Is not necessarily that expensive, and if you have any significant house equity, etc., and especially that with children, it's a very good idea.
After watching it all play out, I’d find it hard to have convinced this person to do that. They grew up in a world where debt wasn’t a thing that could send you to poverty, rather a useful tool. When they inherited the land, there wasn’t much, if any debt. Today, most people have debt as a means of survival vs. a tool. This makes setting up a trust harder in their eyes because they might need the assets for more debt.
No idea how any of this works, just 2am shower thoughts.
Yup, convincing people of how it really works is often an insurmountable obstacle, especially when, as you pointed out, the world has massively changed within a lifetime (heck, even trying to figure out how it all works for ourselves is hard enough)...
After I grieved for some time and taken sentimental items, her house had fallen into disrepair, so I sold it at a loss to an investor, and I was mostly ready to start moving on with my life. Somehow, the death certificate provided to me by the government about a year prior to this did not indicate that the government was aware of her death, and I needed send them back a copy of that very certificate in order to make the government officially aware of what happened.
Then I was told that I would need to wait six months for the estate process to end. During that time, I was given random tasks to do at no set interval, usually with deadlines of only a couple days. Then literally one day before the six month time period was over, I was told that the government would be taking the money in the estate due to unpaid medical bills from some years before her death (the same trips to the hospital that had failed to diagnose her illness in the first place). After getting more lawyers to investigate whether this was possible and correct (it was, private creditors' time limit starts at the time of death, but government's time limit starts whenever the aforementioned paperwork is filed (also this only took me a day or so to figure out, because I do not enjoy long drawn out bureaucratic processes unlike the state government I was interacting with)), I resigned to give up and give them the money.
However, that was not an option either. It took ANOTHER six months of random tasks to actually give them the money. I honestly don't remember what most of the tasks were, because none of it made any sense, but the final task really summed up the whole process. I received a call on a Thursday afternoon: I had to mail a physical check to my lawyer to then hand-deliver to a department within seven days, but that department was only open on Mondays 10AM to noon.
All for the terrible crime of having a family member die without having memorized estate law ahead of time. I do consider what they did some unnecessary abstract form of violence/coercion, because otherwise I obviously would not have voluntarily signed up to do any of that shit. At least if they had been honest enough to tell me at the start they were planning to just take everything, I would've just declined to be the executor and let the government do what it wanted with the property. They could have had that money (probably more money, since I wouldn't have paid a third of it to an estate lawyer and the house would've been in better condition) close to two years earlier and left me alone at the same time.