Mother's estate has judgement against our home

[tranquility]

I don't disagree with anteater (who seems to be answering the questions in this forum far better than I of late) on the underlying possibilities. There are a number of reasons why, even if litigation happened, the husband could be liable for some of the bills. It's just I didn't go there when the facts we do have indicate an enormous problem not easily fixed.

 

[anteater]

... the facts we do have indicate an enormous problem not easily fixed.

You got that one right, Tranq! If I were the OP, I would find it very hard not to pull out a 2x4 and apply it to the husband's behind.

Hopefully, there are no other gators lurking in the swamp.

 

[klucich]

Oh, thank you guys so much. You have certainly helped.

Anteater: I am kind of liking your 2x4 idea

Two other brothers are not capable of handling the estate. Last brother is out of state.

At this point, would you recommend hiring an attorney or an accountant that deals in estates? We are going to need someone who will file taxes, pay bills, etc. Basically opening and closing the estate for us. I read somewhere that an accountant is what we needed, but don't know if he would handle any legal issues at the same time?

How long can one leave the house in limbo? I know there was some discussion of renting it out for now.

 

[Zigner]

Just a thought here...

If the OP's husband ends up paying for things the OP's estate should be responsible for, wouldn't the OP's husband have a claim against the estate to be reimburse for that money?

 

[curb1]

The first thing you can do is call the institution that holds the "mutual funds, stocks, oil royalties, checking, savings" accounts to see if any beneficiaries are named. Those assets will immediately be available for paying bills. Those assets will not be part of the probate if there is a beneficiary named.

1) Check with an attorney first.

2) The taxes should be paid right away for year 2011 (in the next couple of weeks), or at least file for an extension. A tax preparer can do that for you.

Prompt action here will save you a lot of headaches (and money).

 

[tranquility]

FIRST, I'd get a litigator. Someone who can try to overcome the JUDGMENT against you. You will pay them. They may not be successful.

Second, if husband wants to administer the estate, get an estate/probate attorney. The estate will pay them.

 

[anteater]

Just a thought here...

If the OP's husband ends up paying for things the OP's estate should be responsible for, wouldn't the OP's husband have a claim against the estate to be reimburse for that money?

He should be able to get reimbursed.

The thing is, as Tranq pointed out, we don't really know the sequence of events that led to a lien against the husband's house. Why did the nursing home apparently sue the husband personally?

Still, if the heirs are reasonable and don't "go all technical" (if the question of liability for the unpaid bill is at all muddy), it should be possible to have the probate estate pay the claim.


OP - I would suggest that a probate attorney is the first priority. (But that April 17th tax day for 2011 is fast approaching and someone needs to figure out what Mother's tax situation for 2011 looks like and get an extension if needed.)

 

[anteater]

Prompt action here will save you a lot of headaches (and money).

I think Elvis left the "headache avoidance" building already.

 

[tranquility]

I agree it is right and just for a person who paid the rightful debts of the estate to get reimbursed. (Actually, indemnification/contribution.)

But, the facts get fuzzy real fast. For example, if the OP (husband) was the only one on the suit he defaulted upon, who's to say it is the estate's debt? What of mitigation or the right to be heard? The estate has rights to challenge the debt if it is supposed to pay it. And, even if it is a mitigated estate debt, does it maintain the character of the underlying claim (Here, we're *assuming* some debt related to nursing home.), or is it an after-acquired debt? That is important because of the order of payments and if there is enough in the estate to pay it off. Many more issues too.

That's why I like the way anteater phrased it:

Still, if the heirs are reasonable and don't "go all technical" (if the question of liability for the unpaid bill is at all muddy), it should be possible to have the probate estate pay the claim.

If it gets to technical, there will be problems. If everyone just agrees and moves along as one big happy family, with the exception that the court will have to approve payment of a debt to the OP(h) if he is also the administrator, it might work out.

But, nothing is going to clear up the lien on the house for a while.