Special needs person living on SS, is low income & on Medicaid. He received a $7000 check after his mother died. We are trying to find out what we can do so he doesn't get kicked off Medicaid. This money is everything he has in the world. He can't afford medical insurance and... Read more »
Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such... Read more »
We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV
You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.
I live in New Hampshire and was just told by my probate lawyer that since my name is not on the home with the mortgage that I either need to pay the loan in full or get some type of financing as the Due on Sale clause will take effect. I was told by the bank that has the mortgage that I could just... Read more »
Some facts are missing. There are federal laws that prohibit acceleration of home loans under certain circumstances when a borrower dies. There are not enough facts here to definitively determine whether your facts fit within those exceptions to the due on sale clause. But if the bank has no... Read more »
Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.
HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this.... Read more »
We lived together 4 years. The 2nd home garage is where my things were put when he moved me to this town to live with him. The probate atty wont let me get my things from there and wants me to fill out a form. There are alot of valuable items in there and i need access to many of these. What can i... Read more »
I would encourage you to create a list of your items you know are in that garage and present it to the attorney. If all else fails, you may need to file a claim in the estate.
Brother in law claims to have a will in which their father left him his house, but that it is not probated yet. He told my husband that if he does not waive his rights, then he (my husband) will be stuck paying his father's debts
Simply make the brother probate the will. In the interim, your husband should get a lawyer and not agree to waive or sign anything.
My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of... Read more »
Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...
No. You will have to open probate and get appointed as the administrator before you can sell it.
I’m an independent executor of a non contested estate. The decedent owned a house full of “stuff.” Do I list every book? Every household item? Every coin in his collection? If so, how do I determine the value?
You should be addressing this question to the lawyer who you hired to represent you in the probate matter.
While the law in Texas is the same across all of the counties, each county has a different Judge or Judges who hear probate matters. Some counties have very experienced statutory... Read more »
okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... Read more »
The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.
Taxes for a property of the estate has not been paid for over a year resulting in a tax sale being issued on the property. I have reached out to the counsel of the estate representative to inform them of the unpaid tax and tax sale notices multiple times and they have ignored my messages.... Read more »
This is not a family law question and should be answered / directed to an estate lawyer to guide you on your rights in addressing the obligations of those responsible for administration of the estate.
No. The recording of the affidavit of death of Joint tenant is the same as a deed from the deceased spouse to the surviving spouse. No further deed is necessary unless the spouse creates a living trust and then transfers title to the property to that new living trust.
The same rule applies... Read more »
My brother passed they did a DD in his probate I filed a petition for probate for our mothers property which now they say will be dismissed because of the DD on my brothers estate… he was not a owner of her property she was the sole owner…
It is not unusual that the estates of multiple people relate to one another. There is not enough information in your inquiry to explain why the determination of descent for your brother's estate would eliminate the need for probate of your mother's estate. If you are trying to handle your... Read more »
So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »
The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »
My mother died and left all her estate and assets in a trust for myself and my sister. 50% each.
Included in the trust is a house in Florida, along with a house fund to run it so that the house will never cost us anything. My sister raised the possibility of buying me out. If we did this... Read more »
You indicate that the trust includes "a house fund to run" the house, but you also indicate that "There is no mention of the fund" in the trust. Which is it, does the trust mention the house fund or not? Because interpreting the pertinent language, presumably of the trust, is... Read more »
My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in... Read more »
Possibly. But first, let's step back a generation...
The home is on your grandfather's property; did that pass to your father at some point? To whom?
If your father was legally married to your stepmother, she is entitled to a spousal elective share, which in many cases... Read more »
For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »
The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... Read more »
If an estate entering probate has substantially appreciated assets and also has debts, such that some assets must be sold to settle the debts, are the proceeds from the sale subject to capital gains against their original basis or their stepped-up basis from the date of death?
There is estate tax (above a certain value) on the value of the estate. There is income tax to the fiduciary for income realized during the administration of the estate. If assets are sold at a profit, the gain is on the difference between the date of death value and the sale price, which is... Read more »
I inherited a home with a mortgage from my mom. My name is not on the house can I continue the mortgage payments as is as I am now the successor of interest or do I have to pay the whole mortgage up front before closing.
You may keep making the mortgage payments, yes. Federal law prohibits acceleration of the loan on the grounds of the death of the decedent and transfer to a child.
You do need to notify the lender of the death of their borrower and your status as "successor in interest" so they... Read more »
The value of the property is under 300 K.
You do not need to probate the estate due to the house, but you may need to probate his estate IF (1) he did not have a trust and the value of his probatable assets is $166,250 or higher; or (2) if the value of his probatable assets are less than $166,250. There isn't enough information in... Read more »
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