I'm hoping someone can help this is very tough I think

[saint1415]

What is the name of your state? Florida

Ok so here is the situation. Mother-in-law and ex-"boyfriend" who had been together for ~12 years. Ex took his own life and has 3 kids who are all 18+. Mother-in-law and ex never married since both went through bad previous divorces. They both have their names on the house and land in Tennessee. The house is not paid for in full. The truck and other items that were the ex's were given to the kids without any push back from mother-in-law as she wants to be completely civil. Oldest kid is the daughter who is in college and didn't keep hardly any mementos. 2nd oldest is a cook who kept all ex's reloading equipment, 4 wheeler, guns, gun safe, ammo, and other items in garage. Youngest might be working a part time job but primarily still lives at home and survives off of mom. (youngest is ~25 y/o) Youngest was given ~2004 Ford F150 + trailer. My mother-in-law just recently received a letter from the post office advising ex's mail has been forwarded to the youngest kid and that it was directed by a probate attorney. Unless a will was drafted 15+ years ago no will exists to our knowledge. Mother-in-law is terrified that since she and youngest son never got along that he may have had his mom hire a probate lawyer to try and take the home and land in Tennessee. Is it possible that could happen? Any ideas what her rights are since they weren't married but I think they would be considered domestic partners since they were interdependent financially. Any thoughts or help would be great. If all else fails I might take a trip with the youngest down to the Everglades and let him go for a swim ;-) j/k of course.

 

[TinkerBelleLuvr]

They both have their names on the house and land in Tennessee.

How is it deeded - that is crucial.

 

[saint1415]

it's ex & mother-in-law
mother-in-law advised clause at beginning of deeds states is one deceased it falls to the other.
how do taxes work in that situation as well? does she need to go to the property office and get the deed changed to just her name?

 

[FlyingRon]

If all it says is "Person one and person two" in most states that is tenancy in common. When one person dies their share goes to their heirs. If it says "joint" in there or "with right of survivorship" then one person gets the other person's half on death.

In the case of joint ownership, you take the death certificate to the court house (possibly with other documentation). You may need to submit a new deed. A real estate lawyer can certainly do this for you.

As far as income taxes, there most likely isn't anything due (we aren't talking about an estate worth millions here right?). You even get the basis on half the property stepped up to the value at the date of the death in many cases.

 

[saint1415]

If all it says is "Person one and person two" in most states that is tenancy in common. When one person dies their share goes to their heirs. If it says "joint" in there or "with right of survivorship" then one person gets the other person's half on death.

I will check with her to see exactly how it is worded. On the phone and from what she explained I think they do have it as joint.

In the case of joint ownership, you take the death certificate to the court house (possibly with other documentation). You may need to submit a new deed. A real estate lawyer can certainly do this for you.

As far as income taxes, there most likely isn't anything due (we aren't talking about an estate worth millions here right?). You even get the basis on half the property stepped up to the value at the date of the death in many cases.

Not worth millions but the memories we want to keep and definitely don't want to be forced into selling the house.

So another question....any mail that is sent to the house with his and her names on it will now to my knowledge be forwarded per the instructions given to USPS. (Of course please correct me if I'm wrong) Now when taxes come into play who files them and how does all that work? Do they even get filed at all on his behalf since he's deceased? If they do get filed who does the money go to? Renewal documentation that should be coming in for home owner's insurance, taxes, and what not with both of their names, was I accurate that since his name is typically first on any mail that USPS is going to forward it?


Thank you guys so much. this is making my and my mother-in-laws Christmas Eve so much better.

 

[PghREA]

If the house is jointly owned and MIL is the joint owner, she needs to get the deed put in her name ASAP (as explained by previous posters.) The real estate taxes will come in both names until she calls the taxing authorities and informs them of the change. So, she will need to keep tabs on when the tax bills are sent in case they are forwarded to whoever the probate person has them sent to. The same will be true for the property insurance renewal. She does not want to miss a tax or insurance payment.

Income tax returns should be filed for the year the SO died. Since he would be filing "single" (or possibly "head of household"), she is not really entitled to any refund he may receive. The refund would go to his estate.