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Respected Contributor
Posts: 3,537
Registered: ‎03-15-2010

Re: Small estate with no will


@151949 wrote:

First of all - tell the room mate to either pay the utilies or they will be shut off!. I'm betting he will pay them. 


This is VERY bad advice! 

Perfect example of how 'free' advice can prove to be VERY expensive.

Respected Contributor
Posts: 2,664
Registered: ‎05-13-2010

Re: Small estate with no will

I had to handle something like this.  Hire an estate attorney from your brother's county.  You can do it over the phone and pay him by check.  He will know what to do and report back to you.  They do this work all the time.

Esteemed Contributor
Posts: 5,660
Registered: ‎03-09-2010

Re: Small estate with no will

MOst government entities like counties or cities have web sites which have a real estate tax section.  You can use the web site and look up the property address and it will provide information on who the legal owner is.  WHile the credit card payments are not the responsibility of your mother I would certainly continue to,pay the HOA dues, real estate taxes and the mortgage if there is one.  IF those fall behind the condo could be foreclosed on and lost to a foreclosure sale and proceeds of the sale would be lost to your mother assuming she inherits the property.  SOmeone has to be appointed to handle collection of assets and the disposition of assets like the condo, bank accounts etc.  

Honored Contributor
Posts: 10,951
Registered: ‎03-10-2010

Re: Small estate with no will

How do you know the condo is paid off? It seems to me that if your brother was into drugs and needed money for food he would have mortgaged the condo. Be careful, inheritance goes both ways; not only does an heir inherit the assets but also the debts. The first thing you need to find out is if the condo is truely paid off. If it isn't then the cost of an attorney may not be the biggest expense.

Honored Contributor
Posts: 9,613
Registered: ‎03-09-2010

Re: Small estate with no will

As already mentioned...the thing that is bothering me, is that there is a condo in CA that is only worth $80,000!  

 

I have to question this, as well as what others have mentioned....is it paid off, or is there a mortgage on it?  In some cases, owners take out HELOC loans on their properties.....all questions that an attorney could research and answer within minutes    


@occasionalrain wrote:

How do you know the condo is paid off? It seems to me that if your brother was into drugs and needed money for food he would have mortgaged the condo. Be careful, inheritance goes both ways; not only does an heir inherit the assets but also the debts. The first thing you need to find out is if the condo is truely paid off. If it isn't then the cost of an attorney may not be the biggest expense.


 

Super Contributor
Posts: 430
Registered: ‎03-11-2010

Re: Small estate with no will

Hi, 

 

I had the title company check and it's paid off. He owns 1,400 in property taxes. Currently he's the only one on title. 

 

Yes, he has association fees at 200.00 per month. He owns over 5k in association dues. I'm shocked thay havent put a lien on his house yet. I checked and no liens yet.

 

I'm going to check with elder care and attorneys tomorrow. Thank you everyone !

 

 

 

 

Honored Contributor
Posts: 10,951
Registered: ‎03-10-2010

Re: Small estate with no will

Is there any way for you to go out there? I can't see how you can manage this long distance. You don't know the condition of the condo, you don't know what the roommate plans to do or if he has invited others to move in. There may not be a lien now but that doesn't  mean there won't be in the near future. Before you can do anything ownership needs to be established. I don't know CA law but some states have laws that make it nearly impossible to evict squatters.

Super Contributor
Posts: 430
Registered: ‎03-11-2010

Re: Small estate with no will

I live a couple hours away. I can't get in it's a gated community. My mom can't go she's disabled. I don't know how safe this area is and don't want to go. I'm sure the roommate is squatting. They haven't shut off the electric or gas yet , the bills just keep being late. I did see a bill paid this month for cable. Ya not sure who's living in there. 

 

This house is in Riverside, CA

Respected Contributor
Posts: 3,279
Registered: ‎05-15-2010

Re: Small estate with no will

Your mother should not have to pay off any of her son's bills.  Just give each company a call and let them know that he is deceased.

 

Do  you have a copy of the death certificate?  The companies may not ask for it, but if you have one, you could send it to the company to prove he is deceased.

 

I am so sorry for your mother and your family.  I hope that things go more smoothly now.

Trusted Contributor
Posts: 1,162
Registered: ‎08-01-2015

Re: Small estate with no will

Oh dear he OWES (not owns) money in HOA AND property taxes. I say good luck as I think you are getting into a bees nest and wonder if your mother will be getting into more then it is worth in the end. Anyway people here probably are not qualified to give you advice. Be careful with the tenant or friend? living there as some states (Calif) if this is their legal adress they do have certain rights. With the money owed in taxes, HOA fees ALL which is ongoing until matter is solved PLUS legal fees, other random bills which will also be deducted from estate, is questionable anyone will benefit at all in the end as tghis matter will take some time to settle.