Father left a mess

[tmkj]

What is the name of your state? its for tennessee im in texas
Ok here it goes

My father passed away last week and had no legal will as i see it
it was typed by his neighbor signed by him i think and notorized by his friend. there were no witnesses on the paper. on it was just a few items gifted to me.a pistol and trunk..my brother recieved a van and fishing poles and a rifel and my sister a piece of furniture and another van....Now he has no insurance policies to speak of except a small one through his bank for burial expenses..He owes about 2000 dollars less than his appraisal on his house to a mortguage company. Its was worth roughly 26000 ..He owned the 2 vans listed above worth maybe 1500 totaled together And owes approx 10000 to 12000 in credit card bills and other bills like utilities and stuff ordered from the tv and prop taxes are due soon. he is behind on all bills at this point. We have told all utility and other services to turn things off at the house. We did go and get some stuff like guns, family pictures,keepsakes and all his paperwork in the house. We left all furniture alot of handtools the vans and a old boat in the backyard. Now what??? Who takes over?? Do we notify anyone like creditors ?? Does his stuff get sold and by who?? Is it ok to take the items we did or sell stuff like vans?? eyeryone i talk to says just leave and do nothin but this seems wrong to me? We cant go and take care of everything there since we live 16 hours away. brother and sister are hiding behind there couches thinking someone will find them.. I know we are not responsible for his bills but i dont think hiding is the right thing to do!!!!!!!!!!!!!! Please help?? I even called a lawyer in tn and he said we did not have to do anything. sorry this is so long !!!

 

[Dandy Don]

Are you saying that his will basically did not mention anything of great value and was primarily just a list of personal property that he wanted to give to various family members?

The will may or may not be officially valid, since only an attorney can review it to make sure, but since the children are the only legal heirs, you all get everything anyway. One of the children should file paperwork at the county courthouse to be executor/administrator of the estate, and then the executor will receive legal authority to claim any and all assets.

Executor will need to talk to the mortgage company to get permission to sell the home (if that is what you want to do) and possibly get a small profit out of the equity your father has paid into it and also paying off the mortgage company for the remaining balance. Probably the house will be the only thing of value in the estate but it will need to be probated, but discuss this with the mortgage company or your probate attorney first.

Creditors will have to be informed (by mail or by phone) that the estate is bankrupt and can not afford to pay any outstanding bills.

 

[tmkj]

The will was just as stated...son1 gets this.... son2 gets this... daughter gets this. And @ the bottom kids can seperate the furniture and kitchen stuff as they wish and what tools they don't want can be given to his neighbor???

If we take anything or sell anything even though it was gifted to us will it have to go to the debt he left? like the vans???

Sister inlaw faxed will to tennessee lawyers and was told it was no good! But does it matter anyway?? there is way more debt than assets?? A will is for nothing more than to make sure his wishes are granted ??Right ...So siblings dont fight over stuff!!!

So even if house is sold will it have to go against debt?? If i was closer to his stuff it would not be a big deal. But i would have to pay someone to sell his stuff... pay for probate... pay for a lawyer
clean the house and find a listing agent for selling the house...It seems to be throwing money away!!!!

Is it ok to at least call the creditors and tell them there is nothing?? or will they just hassell me??? I think they should know but if there is no probate how will they know if no one calls them.

we are talking about @ least 38000 in debt with only no where near that in assets??
thanks

 

[irishwhisper]

I AM NOT A LAWYER BUT: if your dad had no assests except what you list and the house with the mortgage on it and the vehicles only, maybe you and your siblings would want to keep the house and split the mortgage payment every month . you could work on the house to get it up to par maybe the ones living near could have a yard sale or get a local group like the boy scouts to come and help out and donate stuff to them for a tax deduction.
I could be an investment for you and your siblings until it is sold or maybe rented out.
Have you checked out to see if your dad had credit/life ins on the house? or the vehicles? I know sometimes people get that and dont even know they have it.for that matter the credit cards might have a coverage on them.

I use to work with car titles and when someone dies you need the death certificate and if there is a will a copy of the will and administration papers if it was probated but in your circumstances check with the dept. of motor vehicles in Tenn. and see what they require some states let the next of kin all get together and decide who will receive the car and all sign a waiver of their rights to that person so he can title it in his name. The car loans could possibly be transferred to who ever becaue really banks dont want to not receive their payments so they may let you do that and put them as the leinholder on the title. I do know every state is different.

hope I helped a little bit with my ideas....good luck.

 

[irishwhisper]

I had a second thought about the vehicles and the boat if money is owed on these , more than they are worth maybe best to let the lienholders take them. If the house has no equity in it or too much mortgage owed on it maybe the bank would take it back, but I would really think if you could get someone local to clean it out and sell it , you would be able to pay the mortgage and possible to make little profit from the sale.
Like I said call the boy scouts, the church, any group that could help those that live near your dad's place to carry stuff out .
Goodwill, salvation army they don't pay for stuff but will give you a tax credit slip for things donated.
Just make sure you get everything of personal value out for your family. I am sure he listed the most important things in that little private will and he probably didnt care about it being good with the govt. so long as he knew which one of his kids got what he wanted them to have. THAT IS LOVE!!!

 

[ShaClark]

fathers mess

You do not say where in TN> I am a TN resident and I know in order to change titles a probate will have to be established.THe house culd possiby have an assumable non gualifying loan which could possibly be handled thru the mortgage company.Taxes in TN become due OCT 1 and you get a discount to pay then.However there are monentary discounts off if certain criteria is met. Also I do know the utility companys in certain parts of TN will write off a
deceased bill .They will not volunteer this info but will admit ti it when you tell them its a hopeless cause so just drop it.If I can help will do what I can I am in Knoxville.