as some of you know I had a 31 year old Daughter die on August 01 2018 I now. the autopsy was performed on Aug 02 2018 that is when I found out in the state of NC it could be 180 days before I get a Death Certificate with a cause of death 90 days for the Coroner to do his report (still waiting ) the 90 more days for the ME office to review it. during this time I cant do anything I cant file her life insurance policy I cant close bank accounts I cant close credit card accounts but the all call wanting to be paid I was able to get a little Social security for the 3 kids. Does anyone know what the penalty is if the Coroner does not meet that 90 day deadline. sorry this is mainly a rant due to being frustrated and dealing with educated idiots
NC Death certificate
- Thread starter vaskeet
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Southern_Jas
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If this was in MECKLENBURG County or handled by the MECKLENBURG County Medical Examiner’s office, call tomorrow. I’m working the day shift.
OP
vaskeet
Well-Known Member
Thanks but it is Camden County Which is done by the ECU Brody School of Medicine when I call the NC OCME they tell me that are waiting on the Coroners report when I call the Coroner I just get we have 90 days. What happens if they take longer than 90 days
As far as I can tell not much can be done if they do not meet the 90 day deadline. If the case was in the court system then a judge could put pressure on them, but that is about it. Sorry you are still going through this. Have you tried talking to the sheriff and see if he can get something going?
fishgutzy
Senior Member
Hopefully the medical school takes its job seriously.
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Southern_Jas
Well-Known Member
Unfortunately not much happens if it takes longer. Toxicology and histology is usually sent for outside testing and can slow the process. I’ll explain it better tomorrow, but a letter can be written that you can then give to insurance companies and banks.
georgel
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Have you discussed this with the creditors? They usually understand the red tape and will work with you. Are you the executor? There's a process for this. Technically, it's her estate they have to go against now, not you or the kids. They have to file for that. Some may be trying to bully you into paying so they don't have to go through the paperwork. Tell them she's deceased and everything is pending settlement of the estate. You may consider hiring a lawyer. Even after receiving the death certificate, they can retro date things back to the date she deceased. I had to go through some of this when my wife passed as well as my mom. My mom's estate took a lawyer to sort out.
Sorry for your loss.
Sorry for your loss.
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@vaskeet
There is no penalty but, ECU has one pathologist in particular this takes the full 180 days to complete their report. You can send the death certificate you currently have but, it will say pending until the supplemental is filled out pending the autopsy and report. That being said, most policies won’t pay with a pending certificate. That being said, a letter can be written by The ME that investigated it and the pathologist that basically states the beneficiary didn’t kill the person and some policies will pay then.
There is no penalty but, ECU has one pathologist in particular this takes the full 180 days to complete their report. You can send the death certificate you currently have but, it will say pending until the supplemental is filled out pending the autopsy and report. That being said, most policies won’t pay with a pending certificate. That being said, a letter can be written by The ME that investigated it and the pathologist that basically states the beneficiary didn’t kill the person and some policies will pay then.
With this particular pathologist that won’t affect it either.
Sorry For Your Loss vaskeet. I would also suggest you consult a lawyer. He may be able to get some of these things started for you now. Also he can assist you in settling the estate when the M.E. and Coroners report are finished.Including bank etc...
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Another thing a lawyer can do is put a stop to the creditors harassing you by requiring them to go through their office instead.
First, very sorry for your loss.
Concerning the bill collectors. I work for a bank, in the collections realm. If she was the only person on the account (and the only person liable for the debt) then advise them of this: that you are requesting “no more calls” on any of the numbers that they have on file for the entire relationship (this should cover multiple accounts held by the same institution) and that all matters should be communicated by mail (be sure they have a valid address). Advise them any further calls will be considered harassment and that you will be reporting them to the CFPB (Consumer Financial Protecion Bureau) if any additional calls are received. This should get their attention and stop the calls. Make a note of the date you advised them of it and any calls thereafter. Report them if it happens. There is a lot of energy around this for all lending institutions right now and is an operational risk for all.
Another route, as suggested, is to retain legal representation and advise them all communications should go through the lawyer but that comes with another price tag.
If anyone else is on the account in question then they are responsible and it will affect their credit if not kept current.
Again, hate to hear this and hate even more that your dealing with all this aggravation in addition to all the other emotions I’m sure are there.
Concerning the bill collectors. I work for a bank, in the collections realm. If she was the only person on the account (and the only person liable for the debt) then advise them of this: that you are requesting “no more calls” on any of the numbers that they have on file for the entire relationship (this should cover multiple accounts held by the same institution) and that all matters should be communicated by mail (be sure they have a valid address). Advise them any further calls will be considered harassment and that you will be reporting them to the CFPB (Consumer Financial Protecion Bureau) if any additional calls are received. This should get their attention and stop the calls. Make a note of the date you advised them of it and any calls thereafter. Report them if it happens. There is a lot of energy around this for all lending institutions right now and is an operational risk for all.
Another route, as suggested, is to retain legal representation and advise them all communications should go through the lawyer but that comes with another price tag.
If anyone else is on the account in question then they are responsible and it will affect their credit if not kept current.
Again, hate to hear this and hate even more that your dealing with all this aggravation in addition to all the other emotions I’m sure are there.
So sorry for your loss. When my father in law passed away the credit card people told my mother in law that she did not owe a dime since her name was not on the account. If the cards were only in her name you might not need to pay. My MIL did pay but they told her repeatedly that she didn't need to. Good luck..
@vaskeet please be patient, creditors try to create stress so you’ll pay, you can pretty much ignore them. I wouldn’t even talk to them. Worst case, what can they actually do? Well for taxes they can just take the money from her bank account, but everybody else just squeaks until you pay.
I don’t know how probate works here, but surely there is a way to get in front of a judge and get the process started sooner than 180 days.
I don’t know how probate works here, but surely there is a way to get in front of a judge and get the process started sooner than 180 days.
OP
vaskeet
Well-Known Member
the problem with hiring a lawyer is the fact that she had nothing. she was separated from her husband for the last 9 years ( never got a divorce) He is a good guy and sends money for the kids he is active duty on the west coast (at sea) she left a total of $50.00 in a bank account and a car that does not run. lease on house was ended. I changed her mail to my address so we can figure out what bills she has. It will all get taken care of but I will be contacting my NC house and senate members because I find six months to do your state job (paperwork) to be excessive
https://www.nccourts.gov/help-topics/wills-and-estates/estates
Have you reviewed this, it might provide some free guidance. See the small estate section. You can also call the clerk of the court for your county, I believe that they function as the probate judge and their office will answer pretty much any question you have.
You mentioned life insurance, I assume that you have the policy and that you know who the beneficiary is, also that you’ve spoken to the insurance company. Maybe look at information on the NC Dept of Insurance website or call them and explain the situation to see if they have any suggestions for getting payment or partial payment sooner rather than later, and maybe without the final death certificate. Insurance companies aren’t known for letting go of cash a moment before they must, but there may be a specific request you can file that the insurance company clerk has been told not to explain it to you, the dept of insurance will know.
You could also call some of the lawyers listed here. http://ncfreelegalhelp.org/ They won’t work for free, but they do consult for free and you can get a lot of information from a free phone consultation with an attorney in your county that has probate experience. Google will give you everything you need to know about a lawyers experience. You may want to write up a summary of the facts before you make the calls so you cover everything efficiently and can get the most from them.
I have a divorced friend who died leaving an ex-wife and 4 children. They are now fine financially, but the ex-wife almost got in a lot of trouble trying to pay all of his creditors in spite of me telling her every day that she needed to take care of the family first. Fortunately she stopped using personal money and life insurance proceeds to her and the children to pay the debts of his estate. As an aside, I was one of his creditors and I didn’t get paid a significant amount. While that’s frustrating, it was the right thing and I don’t fault him or her for the hard decision that I told her she should make; we’re still far better friends than you’ll ever be with Visa or Mastercard even if you pay them. There is a natural tendency for honorable people to take care of the debts of the estate, but that is emotion of the moment compared to a lifetime of future expenses to raise the family.
Have you reviewed this, it might provide some free guidance. See the small estate section. You can also call the clerk of the court for your county, I believe that they function as the probate judge and their office will answer pretty much any question you have.
You mentioned life insurance, I assume that you have the policy and that you know who the beneficiary is, also that you’ve spoken to the insurance company. Maybe look at information on the NC Dept of Insurance website or call them and explain the situation to see if they have any suggestions for getting payment or partial payment sooner rather than later, and maybe without the final death certificate. Insurance companies aren’t known for letting go of cash a moment before they must, but there may be a specific request you can file that the insurance company clerk has been told not to explain it to you, the dept of insurance will know.
You could also call some of the lawyers listed here. http://ncfreelegalhelp.org/ They won’t work for free, but they do consult for free and you can get a lot of information from a free phone consultation with an attorney in your county that has probate experience. Google will give you everything you need to know about a lawyers experience. You may want to write up a summary of the facts before you make the calls so you cover everything efficiently and can get the most from them.
I have a divorced friend who died leaving an ex-wife and 4 children. They are now fine financially, but the ex-wife almost got in a lot of trouble trying to pay all of his creditors in spite of me telling her every day that she needed to take care of the family first. Fortunately she stopped using personal money and life insurance proceeds to her and the children to pay the debts of his estate. As an aside, I was one of his creditors and I didn’t get paid a significant amount. While that’s frustrating, it was the right thing and I don’t fault him or her for the hard decision that I told her she should make; we’re still far better friends than you’ll ever be with Visa or Mastercard even if you pay them. There is a natural tendency for honorable people to take care of the debts of the estate, but that is emotion of the moment compared to a lifetime of future expenses to raise the family.
Not that its any consolation but if the cc’s where in her name, you can tell them to stuff it.
Unsecured debt.
Unsecured debt.
georgel
Behind Every Blade of Grass
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There is a natural tendency for honorable people to take care of the debts of the estate, but that is emotion of the moment compared to a lifetime of future expenses to raise the family.
This. Like I had mentioned there is a process for this. Let that work itself out. All debt collection should come to a halt. Unscrupulous collectors will continue to pursue hoping to get the biggest piece of the pie. Do not take on the burden of paying off the bills yourself or you will bury yourself in debt.
This. Like I had mentioned there is a process for this. Let that work itself out. All debt collection should come to a halt. Unscrupulous collectors will continue to pursue hoping to get the biggest piece of the pie. Do not take on the burden of paying off the bills yourself or you will bury yourself in debt.