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Old 03-09-2019, 05:57 PM
 
21,109 posts, read 13,571,675 times
Reputation: 19723

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Quote:
Originally Posted by Blondy View Post
If I recall, Jencam said the house was worth 200K. Why would she sell it for 80K?
Thanks. We won't get top dollar under the circumstances, but we're not taking 80K. I am not putting him in the street to get it ready to show and all that. What a mess. Has to be sold as is. He can't go into one of those by the week places like I would in his position. Or can he? IDK. I had wanted the weekend off of this project. I'd have to pay for it. That much is for sure. He'd object anyway because all his objections have hidden agendas.

Regardless, I went ahead and messaged that to him. There is a way and we will find it. Surely there is some place with accessible shower and so forth. I turned off the messages to get the rest of my weekend. Because it's just going to be an endless argument that can resume Monday.

 
Old 03-09-2019, 07:02 PM
 
21,109 posts, read 13,571,675 times
Reputation: 19723
Quote:
Originally Posted by GotHereQuickAsICould View Post
Jencam, you opened a thread to talk about your troubles and how long they've gone on, then take comments meant to help you move along as criticism.

From what I can gather, you have put this off as long as the law allows.

There are indeed laws and procedures that must be followed. Time to do that. Person can get a lot done in 4 business days.

From what you've said, the will has been located, nobody is contesting it, and the court has approved you as the executor. From what I've read, in Texas such uncomplicated are generally probated within 6 months or so.

Time to get moving.

One of the largest things on the list is dividing the proceeds from the house. Sounds like your brother is offering varying amounts for you to sell the house to him. Perhaps a professional appraisal might be a good place to start.

Your friend the realtor says it is worth $200K. If the appraisal comes in at $200K, then it seems like your brother would have to come up with $100K to buy you out.

Or you can continue as you have for the last four years.

Your choice, really.
This part is brand new. My Dad, who is the attorney, doesn't even know my brother wants to sell. That is BRAND NEW. And as soon at it was made clear, he did a rewind and made a federal case about how that wasn't true. Now it's true again. There is nothing easy about this.

As of close of business Friday my brother was messaging everyone that it isn't true he wants to sell. ! Argh.
 
Old 03-09-2019, 10:14 PM
 
3,253 posts, read 2,340,472 times
Reputation: 7206
Quote:
Originally Posted by jencam View Post
That is incorrect.
When can you sell it?
 
Old 03-09-2019, 10:18 PM
 
3,253 posts, read 2,340,472 times
Reputation: 7206
Quote:
Originally Posted by Blondy View Post
If I recall, Jencam said the house was worth 200K. Why would she sell it for 80K?
I have no idea what price she should sell the house for, I only said she should get on with it and sell it.
 
Old 03-09-2019, 10:20 PM
 
3,253 posts, read 2,340,472 times
Reputation: 7206
Quote:
Originally Posted by jencam View Post
This part is brand new. My Dad, who is the attorney, doesn't even know my brother wants to sell. That is BRAND NEW. And as soon at it was made clear, he did a rewind and made a federal case about how that wasn't true. Now it's true again. There is nothing easy about this.

As of close of business Friday my brother was messaging everyone that it isn't true he wants to sell. ! Argh.
If your brother doesn't want to sell, are you stuck like this forever? That simply can't be right. But it will allow this to be dragged out indefinitely. Won't that be delightful!
 
Old 03-10-2019, 04:09 AM
 
51,654 posts, read 25,836,151 times
Reputation: 37894
There are indeed decent handicapped accessible places for rent by the week. Every Residence Inn has handicap accessible units.

Why would the OP be paying for it? Either the brother pays for it, or it comes out of the estate as part of the expense of selling the house and settling the estate.

Brother has been clear that he wants to sell and get his half. So does the OP, who is also the executor of the will.

Whether her father, the attorney, is up to speed or not makes little difference. She has the responsibility to execute their mother's will.
 
Old 03-10-2019, 07:04 AM
 
Location: Wonderland
67,650 posts, read 60,959,349 times
Reputation: 101088
Quote:
Originally Posted by wasel View Post
Yes, he CAN transfer assets before 5 years. It will all just go to Medicaid, which is where he is ultimately headed anyway.

No he won't be in a position for NO care. He will be eligible for Medicaid-funded care.
Words...from my head to your fingers to the screen!
 
Old 03-10-2019, 07:06 AM
 
Location: Wonderland
67,650 posts, read 60,959,349 times
Reputation: 101088
Quote:
Originally Posted by jencam View Post
A lot more than $80K. And he wants to sell now, which we cannot even legally do. It's just nonsense. Some sort of scam.
Actually the estate CAN sell the house right now.

Was your brother talking about a buyer for just his half or a buyer for the whole thing for $80k?
 
Old 03-10-2019, 07:08 AM
 
Location: Wonderland
67,650 posts, read 60,959,349 times
Reputation: 101088
Quote:
Originally Posted by jencam View Post
That is incorrect.
It is NOT incorrect - the executor of the estate can put together a sale and the estate can sell the house and the proceeds go into an estate account which is then divided among the heirs.

Ask me how I know this. Or don't - doesn't matter but the fact is that the estate can sell the property now.

If you already have a buyer lined up, that simplifies things. But if you are going to list the property and have realtors show it, having your brother and Bob and some druggies there is NOT a good idea and will definitely put a massive damper on the whole showing thing. And the price. If it even gets shown.
 
Old 03-10-2019, 07:46 AM
 
4,413 posts, read 3,474,716 times
Reputation: 14183
Quote:
Originally Posted by jencam View Post
Not if he doesn't pass the 5 year look back period.

He will have proceeds from the house to pay for his care in an ALF or whatever. Then when he runs out he will move to SNF and Medicaid pays.
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