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CAREFUL! ALL of this is not accurate in ALL states. Some states have different intestate distribution rules. I am not familiar with California.
As I stated in my very first post, you need a CA PROBATE attorney. And I agree with othets that there will be ZERO inheritance taxes in this mess (unless your brother owed taxes before he died, but they will have to be paid BY THE ESTATE, not by any beneficiaries).
Thank you, I appreciate your response. No taxes are owed, they have been carefully maintained. My brother even paid the property taxes himself this last time, out of his first SSDI check...He was very proud to do so.
Just responding to one part of your first post OP.
The assessed valuation by the county has absolutely nothing to do with the market value, especially since our Prop 13 limits how much an assessment can go up each year.
Dare I say it? Go to Zillow.com and see what they claim the property might be worth. Take the number with a grain of salt, but it's far more likely to be reasonably close than an assessed valuation.
Good Luck!
Exactly...
Assessed Value may or may not be market value... even taking into account the expense of repairs and/or remediation...
The home could easily be worth double or more of the assessed value.
The last home I bought had an assessed value of 80k and I paid 599k for it...
In the end you have to do what is best for you...
I know of a similar situation where my friend living in California gave up any claim to a property in Rhode Island... she was doing OK and simply let it go... maybe 40k for her share minus legal...
Anyway, that was 10 years ago and the family has been fighting ever since... she is the only one on good terms with everyone from afar... when they try to pull her into the mess... she simply tells them it has nothing to do with her as she has relinquished all claim...
She still says it was one of the smartest things she has ever done and her husband supported her 100%...
Ultrarunner.....Exactly....In an ideal world my niece and nephew would flip the house....which I am positive are their plans...and send a bit to each cousin.
But, they are not the type, and given the hassle this would turn into if I took over being executor it just isn't worth it to me.
Believe me, if I had the money to chase around Calif and argue with my niece about the paperwork, or even hire an attorney, even then it is not worth it to me.
I was seriously disappointed to even have to deal with this, but it is inevitable I guess. Thanks for your post, it helps to know others have gotten thru this mess.
Famlies are funny things. I have an acquaintance whose mom always hated her brother and said she thought he was dead...or at least she hoped he was.
The acquaintance and his siblings had no idea where that rascal brother might be, if he was even still alive.
So the mom's other good brother's son is handling affairs for that good brother and somehow tries to straighten out some financial issue...can't recall the complicated stuff...but in interacting with my acquaintance, the acquaintance finds out the first rascal brother is still alive, then that rascal brother dies and then my acquaintance finds he leaves a big sum of money. The rascal brother didn't even know himself he had this. Because he was supported by his municipality in his last years when he thought he was poor, it was required his estate pay back some amount and still the inheritance was large.
The good had many children as did my acquaintance's mom...but, whew, they all agreed on things.
OP, set aside all the family drama and focus on the technical. Hire an attorney who handles estates in California to determine the next step.
Can anyone produce a valid will? If not your mother died intestate and the state of California, essentially, wrote a will for her. Were I the attorney I would send a registered letter to each possible heir asking them to produce her will if they have one. The letter would go to the possible known heirs, not their attorney, unless that heir then directs in writing that all communications go to their attorney.
You may need her husband's death certificate, and death certificates (if any) of your siblings. If a sibling has passed then you need the names and contact information of his/her children (eventually they may need to produce birth certificates). You will need, from your county records office, information on the title for the house. Your mother may have had accounts at financial institutions at the time of her passing, what was the amount in each and what happened to the $.
Interest in an estate is a purely legal matter. Once that is sorted out then follow your attorney's advise.
OP, your nieces and nephews are trying to make a buck off of you. Get a probate attorney in California, preferably one that is local to your inherited house, and stop discussing ANYTHING with those scrubs. Block their numbers and emails, and only talk with your attorney. You owe them NOTHING.
OP, set aside all the family drama and focus on the technical. Hire an attorney who handles estates in California to determine the next step.
Can anyone produce a valid will? If not your mother died intestate and the state of California, essentially, wrote a will for her. Were I the attorney I would send a registered letter to each possible heir asking them to produce her will if they have one. The letter would go to the possible known heirs, not their attorney, unless that heir then directs in writing that all communications go to their attorney.
You may need her husband's death certificate, and death certificates (if any) of your siblings. If a sibling has passed then you need the names and contact information of his/her children (eventually they may need to produce birth certificates). You will need, from your county records office, information on the title for the house. Your mother may have had accounts at financial institutions at the time of her passing, what was the amount in each and what happened to the $.
Interest in an estate is a purely legal matter. Once that is sorted out then follow your attorney's advise.
Personally, I wouldn't even bother getting this stuff until AFTER I had spoken with a CA probate attorney, especially since you've decided you don't want any piece of this inheritance. It may be totally unnecessary to go through all this work, and there will be an expense incurred in time and dollars.
And I agree - you owe the niece and husband nothing. And you owe your mother, sister and brother nothing - they are gone. That said, you owe your husband and yourself the piece of mind of knowing you did the 'right thing' for YOU and your immediate family. If that means just signing away your rights (if any) to this inheritance, then that's what you do.
I didn't mean that the OP should do all the research mentioned, just that at some time they may need to be done.
1. Hire a CA probate attorney not to represent the estate but to represent you. You should have contact information for all heirs that you are aware of to provide the attorney.
You don't know what to renounce until you have a copy of the will. If there is no will then you need to know what assets there are to renounce. Keep in mind that the house will need a clear title and if there is any question as to its ownership no one will issue title insurance. The house will doubtless need to go through probate.
I didn't mean that the OP should do all the research mentioned, just that at some time they may need to be done.
1. Hire a CA probate attorney not to represent the estate but to represent you. You should have contact information for all heirs that you are aware of to provide the attorney.
You don't know what to renounce until you have a copy of the will. If there is no will then you need to know what assets there are to renounce. Keep in mind that the house will need a clear title and if there is any question as to its ownership no one will issue title insurance. The house will doubtless need to go through probate.
I am trying to talk to another attorney tomorrow. After speaking to a distant Cousin yesterday that lives there, I found that out that I have a cousin-in-law that sells realty, she may be able to refer me to a probate attorney for a consultation long distance.
My niece called me this am, throwing a fit about my asking to contact her attorney, she has a real sense of entitlement.....it was extremely aggravating to listen to her rail at me.
After repeatedly saying to her, that I am not trying to fight with her, simply trying to reassure myself of my decisions. After I become more informed, then I can decide whether to sign the disclaimer, with some additional text regarding holding myself and my husband from any monetary issues related to this home She then complained about having to be responsible for all this, following my brother's death.
I know this is a difficult situation, I told her that, no one would choose any of this....I do understand that my living so far away, and not doing any of the things that I might, day to day should I live there seems unfair to her and my nephew.
I just want to make the decision to sign off on this home with some knowledge and reassurance, and at the end, they can be rewarded with a house to flip, they can recoup their expense, I will have done my duty to my Mom's house...and I can live with myself without regrets.
I kept telling her, trying to calm her down that I was trying to simply have a conversation with her. So, it was a difficult situation, and I think in part it has her very upset, not as much as she says about the basics, but simply because she feels so entitled.
I do not think they realize, you cannot have it both ways. Either we discuss things, and make decisions together, or you accept the decisions you make on your own.
She even complained about having spent the $26,000...Which when they called, 3 days after my brother was found back in early April...asking for me to pay part, I refused, and told them they were being scammed....that I would never agree to that amount. I sent them the link listed below,
I told her if she didn't want to deal with any of this, and she wanted me to, then lets just give the house to the county....She was stunned silent.
I always knew it is all about money for her....And, seriously, since it isn't about that for me...This is breaking my heart....I think eventually we can get this resolved, but honestly, I do not believe that I will be able to feel anything good about her behavior ever....
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Last edited by JanND; 09-11-2014 at 09:03 PM..
Reason: edit
Well, until such time all paperwork is completed properly starting with that of your late mother's estate, she's not going to get a dime out of the house. So..............
Time to start from the beginning. And get everything squared away.
As far as your late brother's estate is concerned, since he died intestate, the local probate court will name an administrator of his estate. It could be your niece, it could be a court appointed attorney. If your niece has not been named administrator she is acting outside of probate law as she would not legally be representing the estate.
It is highly unlikely that your late brother left an estate which would be subject to either California or Federal estate taxes. His estate does need to be entered into probate, appropriate legal notices run informing any creditors of his death and to make their claims on the estate. An appraisal will need to be done on the house and any other personal or real property he owned. Finally, state and Federal estate returns will have to be completed.
Additionally, a new Bank account in the title of The Estate of _________ should be opened to pay any final bills (medical, funeral, etc).
Miss Entitled Niece is responsible for the "cleaning" bill if she has not been named administrator of the estate by the Probate Court.
In the event the deceased left unpaid bills and there are no bank funds to cover those bills, proceeds from the sale of the house will pay the bills. The remainder of the funds will be split under California Probate law.
Two important things to remember. When someone dies, has debts and no money, sobeit. Heirs or potential heirs are not responsible for the debts of the deceased.
Also, the house can never sell unless a proper chain of title is reflected in the title search.
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