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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 10-30-2009, 03:43 PM
hopekendrick
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brother died left no estate


What is the name of your state (only U.S. law)? ga, my husband and I was care givers for his brother while terminally ill for three months, all of his property was on all property, which was basically a 37 year old boat, that he had redid himself, still needed work on it. He paid 100.00 for it and trailer. All paper work was in his name. Now his newphew is claiming the boat but we havent seen any paper work. His brother was going to sell the boat, but passed away before he did. Whish pretty much nullifies that he was leaving it to anyone but my husband to sell, and we did for 200.00. to pay his brother medical bills that he gets every day iin the mail box. Now his sister and her son are mad. We look at it this way, they have 4 boats sitting in the yard, full of trash not going anywhere just like this boat was before he even bought it and it would go back to this state. So we sold it to someone that would repair it and fix it up and use it like his brother wanted. We feel like if his brother wanted this person to have it he would have given him the paper work to it, while he was alive, but these people havent called at all in three weeks, everyone was told at the service if he gave you something then get it now. who is right?
  #2  
Old 10-30-2009, 05:45 PM
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neither of you are correct.

Nobody has any claims to the estate (yes, he had an estate regardless how little value it had) and only the person with the legal rights to control his estate has the right to do anything with the estate.

since you used the money to pay estate debts, you were more correct though since that is ultimately what needs to be done with any non-exempt assets of an estate.
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  #3  
Old 10-30-2009, 06:56 PM
hopekendrick
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Originally Posted by justalayman View Post
neither of you are correct.

Nobody has any claims to the estate (yes, he had an estate regardless how little value it had) and only the person with the legal rights to control his estate has the right to do anything with the estate.

since you used the money to pay estate debts, you were more correct though since that is ultimately what needs to be done with any non-exempt assets of an estate.
actually we did what he said to do with the boat, which means that otehr guy has no rights too it, and that little 200.00 doesnt even touch all the 700.00 bills and the 3,000 bills that we got or get every day because his mom didnt make sure that when social security changed his brother from ssi to straight social security that he got medicaid. Thats why all the bills are here and this is teh same sister who kicked him out and told him to come get everything which included the boat, her son is the one claiming that he left him the boat. His brother when he lived with them paid their light bill every month and whatever else they needed paid and it was three of them in the house with steady checks every week, paying no mortgage at all, and they are going to take from a dying man! then they get mad and kick him out. Now they are worried about a boat thats 37 years old, had holes in it and termites. all i can say is tough luck,It s gone and its staying where it is. because I had to move into ahuge house with more rent in order to take his brother on, because they pitched a fit one night and said come get him in two days, well hes gone now, and i am still here with this house that i dont need, but have bills thats mine plus these medical bills. they can forget about the boat.
  #4  
Old 10-30-2009, 07:02 PM
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not trying to be mean but what he said doesn't mean anything unless it is in a legal will but it still sounds like you would ultimately be fine with what you did.

unless you want to pay his medical bills or you signed something making you liable, I see no reason for you to pay his med bills. I know it sounds like you are cheating somebody but you are not liable for his bills.

send a letter stating the debtor is deceased and there is no assets in the estate.


Let them take the next step after that. At most, they may want some proof.
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  #5  
Old 10-30-2009, 07:59 PM
hopekendrick
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brother had no estate


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Originally Posted by justalayman View Post
not trying to be mean but what he said doesn't mean anything unless it is in a legal will but it still sounds like you would ultimately be fine with what you did.

unless you want to pay his medical bills or you signed something making you liable, I see no reason for you to pay his med bills. I know it sounds like you are cheating somebody but you are not liable for his bills.

send a letter stating the debtor is deceased and there is no assets in the estate.


Let them take the next step after that. At most, they may want some proof.
Thank you, I feel like i did the right thing too, they will just have to get over it, we didnt sign anything at all. i can take care of that. I sersiously suggest everyone to get a ill and fill it out. they are free at the probate court and I have one for myself.
  #6  
Old 10-30-2009, 08:04 PM
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Originally Posted by hopekendrick View Post
Thank you, I feel like i did the right thing too, they will just have to get over it, we didnt sign anything at all. i can take care of that. I sersiously suggest everyone to get a ill and fill it out. they are free at the probate court and I have one for myself.

it is a very good idea, even if you do not believe your estate is worth the bother.
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  #7  
Old 10-30-2009, 08:24 PM
hopekendrick
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brother no estate


believe me I have seen some greed come out in people when others die, everyones hands are out and they want something before you can even get through greiving, or get them buried. ii have already buried both parents and I know what it's like. I have always been the honest person and sometimes thats not good. But, I was raised that way. i believed that whatever my parents are anyone has, they worked for it and it's theirs, and only their children have the right to that, no one else does. But hands come out and alot of people dont belive that way. Strange because I only wish that I had my mom and dad back every day, not material things. because, now i have no one to call and go visit every day and no one to go spend the holidays with. I only have the headstone to decorate for these holidays. If only people would stop and think about how the death of that person affects the family the greed might stop.
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