Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Some funny comedian said, "Taxes are not paid, they are collected.
A will is a bad way to pass on property, but death without one leaves a terrible mess.
What will happen? Utilities will be shut off if not paid. If there are no utilities the sheriff can evict anyone in residence, I suppose, as "uninhabitable." Then the house goes up for public auction.
Here's a quote from a real lawyer: "When a sole homeowner dies, her home is transferred according to the terms stated in her will.
If a sole homeowner dies without a will, her home is generally transferred according
to the intestacy laws of her state. To die without a will means that you've died "intestate."
In many cases in which sole homeowners or others die, the court having jurisdiction
appoints an executor to oversee the deceased's estate until it's legally divided up."
The estate pays the executor, in the end, BTW. The people living there may be surprised to find out grandma has heirs with a better claim. In any event it will take years to figure it out without a will. Meanwhile no one gets to live there.
For the rest of you, the best way I have heard is to move everything of real property or significant value into a revocable trust.
No will means probably :
No power of attorney
No medical power of attorney
No directive to inform family other that spouse of medical information
No final care directive
No instructions for disposition of remains and personal property.
Don't worry, folks, the county won't let them kick the body out to the curb, but a burial in potters field may not be what grandma wants, and unless there is documentation on disposal of the body and personal property, the government decides.
Tell your friend they cannot wait til "later" unless they expect grandma to outlive them all. They will end up possibly with nothing.
If she has Social Security coming to her each month, I wonder if they plan on notifying Social Security if the lady has died.
When my dad died last year Social Security knew about it, it seems, before the funeral was over. We hadn't planned on keeping his SS check and got a letter in the mail within a week of his death to write them a check for the amount. We were glad they were notified that soon
When my dad died last year Social Security knew about it, it seems, before the funeral was over. We hadn't planned on keeping his SS check and got a letter in the mail within a week of his death to write them a check for the amount. We were glad they were notified that soon
We left the account alone so it could direct deposit and then be taken out, but yeah, the funeral home 'told' them instantly by computer.
Well, if they are in Texas like the OP, they can do an affidavit of heirship to avoid probate.
Exactly. We're in Texas and did a Ladybird deed on my parent's home. Mom is still living but on the property tax statement, appears her name along with my name and my sister's name.
Also, when my dad died the funeral home notified SS and I had to then call SS to get his SS switched over to her name. They handled it all over the phone, she then received only the amount of his check.
One of my rental properties was a prior reverse mortgage foreclosure in which the adult family members of the deceased continued to reside following the death of the owner until they were kicked out. I think the process may have taken a year. Because the house had a reverse mortgage on it, the people who lived there after the grandmother’s death had no rights to the place; unless they were willing to settle the mortgage, the house was going to go back to the bank. This may be not the case for the OP’s friends. But its possible the OP’s friends don’t want the house beause they would have to takeover a house with a mortgage to settle that’s greater than the value of the house in its existing condition and, if so, they might be able to reside there free while the house goes through the (long) eviction process without it being on their personal credit records.
They can't just keep living there after she passes! If the owner has no will or trust and she has not passed yet I suggest they have her get a Trust made stating she leaves the house to them, otherwise the home will go through probate and the court will decide who gets the home and her other belongs that will be part of herestate. If she only has a Will, it will most likely still go through probate depending on your states law. A trust is better. That way it will be easier for them to assume the property. At any rate, if no property taxes or bills are made then the city will take ownership of it and it will be part of a tax sale and the individuals will be forced out.
False statement #1. The grandmother has no money. Let's start with that untrue statement. Since the house has not been placed on lien,taxes are being paid. She has money. How much is the question.
The family best consider legal advisable to protect them from being booted out.
I'm an executor for my aunt's home. When she passes it will be transfered per her will to my name. I've no problem living there and paying the fees. I just have to be in sworn honor to respect her will and wishes.
Now about that false statement,have them start there.
Yes, that puzzled me. If she had no money, it would mean the (adult) children are buying her groceries, paying her utility bills, and paying the annual property tax bill. It sounds like this isn't what's going on. So, of course she has money. Perhaps the OP meant that she has little to no money, other than her deceased husband's monthly social security check? How would the OP even know if she has money or not?
My Mom died in 2000' and my brother continued to live in her home until he passed in 13'. Between my sister who lived there locally and myself we simply kept the taxes paid ....and until my brother passed there was no issue. After my brother passed my sister's kids wanted to flip the house and I as the only living heir had to sign an affidavit denying any claim on the house.
Only when my niece tried to sell it did she have to deal with any sort of probate.
OP, the people should do a bit of research regarding regarding the probate rules in their County.
Pretty simple, the property goes to probate, gets split among the children. Estate pays the taxes until it is settled.
Then owners split the property taxes until it gets sold, or those who want to live there buy out the others.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
In any event it will take years to figure it out without a will. Meanwhile no one gets to live there. 
