Well, we are still trying to sort out the proper way to go about settling all of his affairs. The attorneys I have spoken with all have said not to bother opening an estate since there is more debt than assets. They didn't seem to want to be bothered with the matter due to the $ amount we are talking about here.
Some of the remaining questions are what to do about the cash left in his bank acct., a final paycheck, and the refund of the security deposit from his apartment. Since there is no estate, his employer cannot write out the check to him directly, so just wants to send the final paycheck addressed to either me or my sister. Same with the security deposit. I am of the opinion that its probably not the legally correct way to go, as we would technically have no right to any of this. My sister thinks that there is a $3500 family exemption that might allow for this, but I think that is only for when the children live in the same household.
I might be making a mountain out of a mole hill over this, but it seems to me like there is always a trail with $ and it is not worth it to me to potentially open up a can of worms down the road either with creditors or taxes.
My thought was to just let it all go to the state, and at some point in the future it would either be claimed by creditors (who would have a right to it), or it would eventually be able to be claimed by family.
The only other legal way to touch anything in his bank acct. would be to take the death cert. and the funeral bill to the bank. There is not enough there to cover the entire cost of the funeral, and since he passed from complications of covid, FEMA will reimburse for the whole thing anyways.