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.
I mean, there was only one survivor -- the MIL's only child. I don't know that there was an "executor" or even that there was a will. Obviously, her only child would inherit everything.
But, again, they just never changed the name on the deed.
I mean, there was only one survivor -- the MIL's only child. I don't know that there was an "executor" or even that there was a will. Obviously, her only child would inherit everything.
But, again, they just never changed the name on the deed.
Without a will they probably still would have had to go through probate with the surviving child as the administrator.
Without a will they probably still would have had to go through probate with the surviving child as the administrator.
To my knowledge, they didn't do anything -- except move in, letting the adult son give up his apartment and move into the first one rent- and mortgage-free.
To my knowledge, they didn't do anything -- except move in, letting the adult son give up his apartment and move into the first one rent- and mortgage-free.
They claim they can't afford one since they have no assets (except for one or both of these houses) and very little income (just small SS checks); no cash reserve at all. Hence my asking!
They claim they can't afford one since they have no assets (except for one or both of these houses) and very little income (just small SS checks); no cash reserve at all. Hence my asking!
You are going in circles. They own house One. They need to get house Two sorted out - trip to the courthouse for starters. up
Son is not paying rent. He can step up.
So are you saying that UNLESS that adult child takes some action, the house is not legally in his or her name? Is it still in the name of the deceased person (in this case, dead many years now)? How is that possible?
I'm asking for a friend who's applying for Medicaid; homeownership is a legal conundrum there.
I know when my sibling and I lost our mother, we didn't even go through probate and later sold the house; there was no issue. So I assumed we became the owners "by default" since she wasn't here any longer to be one.
Is anyone still living in the home?
We thought we had to sell the family home when my mom was going on Medicaid. My sibling was going to buy it.
Then the social worker at the hospital told us no - as long as someone was living there, no need to sell.
You’re describing my neighbor’s situation. His father died a few years back. He’s the only living relative. He could afford what was left of the monthly mortgage, but couldn’t obtain his own. So he just kept paying it in his father’s name. After 3-4 years, a new state rebate program was put into place. He tried to take advantage of it under his father’s name considering the finances were all in order and his father would have been due that rebate. He was denied. Took him months to secure a mortgage in his own name even though it’s like $30k. Tough situation, I feel bad for him. At one point he even asked me if I was interested in buying it cheap so he could rent it back, but it needs too much work for me to get involved. No pay off, and he’s only 50.
I think of it this way - probate is the means to legally transfer assets that have a title or deed. You can't just erase the dad's name on the deed and put it in the kids' name. Same with a car, bank account, etc. It goes through probate. Now Aunt Milly's china teacup collection, whatever, that does not have a title, deed, or other legal ownership documents, does not necessarily need to go through probate.
Probate will transfer the house from "Dad" to "Estate of Dad" and then to whomever is the legal beneficiary.
So are you saying that UNLESS that adult child takes some action, the house is not legally in his or her name? Is it still in the name of the deceased person (in this case, dead many years now)? How is that possible?
I'm asking for a friend who's applying for Medicaid; homeownership is a legal conundrum there.
I know when my sibling and I lost our mother, we didn't even go through probate and later sold the house; there was no issue. So I assumed we became the owners "by default" since she wasn't here any longer to be one.
Of course, state inheritance and probate laws differ, (not to mention there are a number of provisions for small simple estates) but if there was only one heir and that heir also happened to be designated as the estate's executrix, she wouldn't necessarily need to transfer the deeded property into her name in order to sell it. As executor she would have the authority to sell the house on the decedent's behalf. As already mentioned (just realized I'm a bit late to this party ), it's possible the property may have needed to be re-named as an estate asset before being sold (instead of it being Lucy Matters' house it became an asset of The Estate of Lucy Matters), not hers.
Last edited by Parnassia; 11-06-2023 at 04:36 PM..
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.
), it's possible the property may have needed to be re-named as an estate asset before being sold (instead of it being Lucy Matters' house it became an asset of The Estate of Lucy Matters), not hers.
