intestate

[althabits]

What is the name of your state?Virginia

My mother recently passed away without a will. My brother and I have filed a list of heirs with the county she resided in. Her estate is insolvent and I would like to take possesion of her house and refinance it in order to pay off her credit debts. My brother has no desire to claim any stake in her home. What do I have to do in order to get her home in my name ?

 

[Dandy Don]

Your mother is technically NOT the owner of the home if it is not paid for in full. Discuss this with the mortgage company and they probably will allow you to refinance for the remaining debt.

DANDY DON IN OKLAHOMA ([email protected])

 

[JETX]

As expected, Dandy Dunce is not correct.... and didn't even answer your question.... so lets try again....

Her estate is insolvent and I would like to take possesion of her house and refinance it in order to pay off her credit debts.

The only way you can do that is to file probate on her 'estate'. The court will then give the executor the right to sell the property (if needed) to pay her debts.

My brother has no desire to claim any stake in her home.

You will need to get an affidavit of that fact from him and present to the court.

What do I have to do in order to get her home in my name ?

The probate court is the only way to get that done....

 

[anteater]

As expected, Dandy Dunce is not correct.... and didn't even answer your question.... so lets try again....

You mean that I cannot write to my mortgage company that, since, technically, I am not the owner of my house, they will be responsible for property taxes and insurance and they can expect no more escrow payments from me?

 

[althabits]

inventory of assets

"virginia"

When I am creating a list of assets of her estate; what sort of items are they looking for ? House, cars, what about personal items ? My mother didnt have alot of valuable items and before she passed away she had given away most of her things to family members as she had moved in with another family member. I havnt been able to find a list of what would be determined an asset in this sort of situation. I am also not clear on her home. If the home is not paid for is it considered an asset ? It may seem like a dumb question but I would rather ask a hundred dumb things than be sorry for not asking one.

 

[JETX]

You mean that I cannot write to my mortgage company that, since, technically, I am not the owner of my house, they will be responsible for property taxes and insurance and they can expect no more escrow payments from me?

Don't try to hijack someone elses thread!!
It is both rude (in diverting the issue from them to you) and confusing (when you think a response is to you when it isn't..... or when a responder thinks you are the ORIGINAL poster!!).

 

[althabits]

I didnt make that statement you referred to in ur last post. I am not anteater.

Your advice was helpful in clearing up something I already assumed but had gotten different opinions on.

I just wasnt clear on what they considered an asset. I want to have most of my ducks in a row before I go to the courts.

 

[JETX]

I didnt make that statement you referred to in ur last post. I am not anteater.

Sorry about that. I just realized that 'anteater' was hijacking your post and I assumed it was made by you (the OWNER of this thread).
I was going to delete it..... (and remove 'anteater' from the forum), but since you say there was some value to it.... I will leave it (in an edited version).
UPDATE: In hindsight.... I decide to simply delete the post in question as you had already gotten the benefit of it...... and hopefully 'pant-eater' won't.

 

[althabits]

hot potato

I am just getting tosse back and forth between the courts the lawyers and the lenders.
They all contradict each other.
Lawyer says the list of heirs and death cert. is enough, go talk to lender.
The lender says get the title in your name.
The court says get a lawyer.
This all adds up to a pile of crap.
This is a small esate which doesnt have alot of value. The home is enough if I can move quickly enough to refinance it and get the money to pay the home off and the other bills. The credit cards are adding up quickly. I hope you can understand how it can be frustrating for me. I can pay of ton of legal fees and still make the estate solvent. Im just trying to get as much done on my own as possible. I even have the state saying if I have an attourney do somthing the commisioner of accounts considers I could do on my own that amoutnt of the lawyers fees will be deducted as unnecessary. I have already gotten conflicting advice and Im just trying to make the proper moves.

 

[BlondiePB]

I am just getting tosse back and forth between the courts the lawyers and the lenders.
They all contradict each other.
Lawyer says the list of heirs and death cert. is enough, go talk to lender.
The lender says get the title in your name.
The court says get a lawyer.
This all adds up to a pile of crap.
This is a small esate which doesnt have alot of value. The home is enough if I can move quickly enough to refinance it and get the money to pay the home off and the other bills. The credit cards are adding up quickly. I hope you can understand how it can be frustrating for me. I can pay of ton of legal fees and still make the estate solvent. Im just trying to get as much done on my own as possible. I even have the state saying if I have an attourney do somthing the commisioner of accounts considers I could do on my own that amoutnt of the lawyers fees will be deducted as unnecessary. I have already gotten conflicting advice and Im just trying to make the proper moves.

The advice you received from JETX was correct. Listen to it. I also suggest that you get yourself a good probate book available at Barnes & Noble. Then, if necessary, hire a local attorney. You must open probate and be issued letters of testamentary/administration to deal with this.

 

[JETX]

I am just getting tosse back and forth between the courts the lawyers and the lenders.

The information at the following sites will probably be of help:
http://www.co.fairfax.va.us/courts/circuit/CCR-J-40.htm
http://www.virginiaestatelaw.com/main/chapters/forms/forms.shtml
http://www.courtbar.org/geninfo5-a.htm

You might also check your local library for the following book:
Title: Virginia probate handbook: With forms
Author: Frank O Brown
404 pages
Publisher: Harrison Co; 2001 ed edition (2001)

And the actual statutes:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC6401000

 

[althabits]

assets

I cant seem to find a definition of assets. I have acquired the forms to be named an executor or administrator but part of applying is giving an approximate value of her estate. I know the house and cars are assets, but what about her personal belongings? Do I have to list normal household items such as furniture, clothing, etc...? I hope Im not wearing out my welcome. I am still searching for a probate attourney to assist in this but I want to at least get things started, or have my information ready for them when I am asked to produce it. Shopping for an attourney is like buying a used car.

 

[JETX]

I know the house and cars are assets, but what about her personal belongings? Do I have to list normal household items such as furniture, clothing, etc...?

Yes, and yes.

asset
n. generally any item of property that has monetary value, including articles with only sentimental value (particularly in the estates of the dead). Assets are shown in balance sheets of businesses and inventories of probate estates. There are current assets (which includes accounts receivable), fixed assets (basic equipment and structures), and such intangibles as business good will and rights to market a product.

 

[althabits]

"scratches head"

Ok another day in as the thread turns. I went to the courthouse to apply for administration of her estate. The woman at the counter handed me a couple of leaflets ands a business card and said they do that by phone. " duh me " I went to my truck and called and had to leave a message. The woman called back and we discussed my situation. I found out that her home is not considered an asset as I dont have power of sale over it as administrator. I do however according to her have the power of sale over it with the other heir signing off. Now I have a few concerns. 1.) Do I need a probate attorney since the estate is under 15,000 and according to the state doesnt need to be probated ? 2.) Since it s too small for probate should I be seeking a real estate attorney instead of a probate attorney ? 3.) If I finally get things in order to sell the house by what ever means becomes available to me, how am I or my brother effected by her credit debts ? I dont want to borrow any more money than is needed. Her equity line is 60.000 so thats a given. The funeral is 8,000 which is another given. Her medical bills are 1300. Which I think should be paid. Im worried about the other 27,900 she had on credit cards. Can they pursue me if I only borrow enough to pay off these other debts. The court clerk seemed indifferent to the fees outside of funeral, taxes and medical bills.