Mother's estate has judgement against our home

[klucich]

What is the name of your state (only U.S. law)? Miissouri

My husband had power of attorney for his mother, who passed away last year. The estate remains open at this time. We are currently refinancing our home and finding out there is a judgement against our house in my husband's name for an unpaid bill from the nursing home where his mother spent her last days. Can they do that? Our property is not part of his mother's estate.

 

[Ozark_Sophist]

Was any money or property transferred from his mother to you or your husband within 5 years of his mothers death?

 

[anteater]

More facts, please ...

Was she receiving Medicaid assistance?

The estate remains open ...

That seems to imply that she had assets when she passed away. Why wasn't the bill paid by the executor/personal representative?

Who has the judgement/lien?

 

[LdiJ]

What is the name of your state (only U.S. law)? Miissouri

My husband had power of attorney for his mother, who passed away last year. The estate remains open at this time. We are currently refinancing our home and finding out there is a judgement against our house in my husband's name for an unpaid bill from the nursing home where his mother spent her last days. Can they do that? Our property is not part of his mother's estate.

I wonder how they went to court and got a judgement against your husband without your husband ever being served?

 

[nextwife]

Was your home previously HER home?

 

[Ozark_Sophist]

I wonder how they went to court and got a judgement against your husband without your husband ever being served?

That's why I was thinking op's house used to be mothers house or her assets were used to purchase.

 

[Stephen1]

Did husband sign mom into nursing home? When we signed my father-in-law into a nursing home we filled out lots of papers. One asked basically who the contact was for making sure the bills were paid (my wife) and another asked if we were taking responsibility for the bills. That is, would we personally be responsible for ensuring the costs were paid, even if it was from our own funds. We said that father-in-law was responsible, not us.

Look at all the paperwork that you did when mom was signed into the nursing home.

 

[klucich]

No money has transferred to my husband before or after her death.

She does has assets. Basically nothing has happened since she passed away. We are going to have to hire an accountant to handle the estate.

The judgment is from the Nursing Home where she passed away. The documents say they notified my husband three times with no response. Now, how and what method they tried to contact him, I don't know. I don't supposed he knows the answer to that either.

Our home was not previously her home. My husband and I had this house built and paid for ourselves.

Not sure about Medicaid, maybe she was.

Will have him check the paperwork from the nursing home.

 

[curb1]

1) What assets are in mother's estate? Are there enough to have the bills paid?

2) Did mother have a will?

 

[klucich]

There is a house, mutual funds, stocks, oil royalties, checking, savings and I am not sure what else. Enough to pay the bills.

She did not have a will. Only signed my husband as her power of attorney to pay the bills and such.

She signed herself in to the nursing home, stating she was responsible for the bill.

He is telling me yes, he was served to show up at court, but did not do so.

 

[tranquility]

He is telling me yes, he was served to show up at court, but did not do so.

What possible reason did he have to not explain things to the court? Now, the underlying facts are not relevant as it seems has a default judgment against him. It's no longer about the estate, but about him.

He needs to see an attorney. I'm not sure a properly served person can escape liability on a default judgment, but a local attorney is his only hope.

 

[curb1]

1) Are there any other siblings, or is your husband the only child?

2) What is the situation with your husband's father?

3) Why hasn't probate been started?

4) Why haven't bills been paid?

5) Was your husband named as beneficiary on any accounts?

Somebody better get with the program, or you could turn a simple situation into an expensive legal problem.

 

[klucich]

I have no excuses for why my husband has not proceeded other than he doesn't know what to do and can't bear to go back to her house. The mail is handed off to him every Friday by a brother. He has kept most of this from me and gets upset when I pry. I know he hasn't paid any of the bills or done anything for that matter. I figured that from the boxes of mail in the basement.

At least I am getting some answers now. Here's what I know so far.

There was no will. He couldn't get her to make one. She said she didn't need one.
There are 4 siblings and no executor of the estate.
He said he was authorized to pay the bills and expenses when she was alive but is scared to do anything now for being accused of spending money out of the estate. Not sure he has any legal right to do so anymore.
I'd have to ask him about the beneficiaries on the accounts. He may not even know.
His father has been gone for several years now. There was only his mother.

We have a legal plan through his work that may cover our end of the problem, and I have e-mailed the lawyer that did our will for us to see if he can help. I would think if he is not liable for the bill, they can't put a judgement on our house, but rather on his mothers house. I also have e-mailed an Estate Planning and Elder Law firm, who handles estates and these types of things. Don't know if I need to do anything further at this point. I would imagine all the bills need to be paid, taxes filed and all sorts of stuff that needs to be done that my husband wouldn't have time to deal with.

 

[tranquility]

We have a legal plan through his work that may cover our end of the problem, and I have e-mailed the lawyer that did our will for us to see if he can help. I would think if he is not liable for the bill, they can't put a judgement on our house, but rather on his mothers house. I also have e-mailed an Estate Planning and Elder Law firm, who handles estates and these types of things. Don't know if I need to do anything further at this point. I would imagine all the bills need to be paid, taxes filed and all sorts of stuff that needs to be done that my husband wouldn't have time to deal with.

Because of a default judgment against your husband for failing to deal with being legally served, a lien was placed on your house. With the facts we know, it is likely he would NOT have been liable for the bill and they couldn't put a judgment on the house. HOWEVER, all of that should have been handled in court. Husband didn't do it. I don't know if he's going to get to make that argument any longer. The best hope is your attorney determines he wasn't served and the case can be re-opened. If not....I don't know.

 

[anteater]

I sympathize with your husband. Losing a parent is difficult and there is always a temptation to avoid dealing with matters after the parent passes away.

But you have to have a talk with him about probate and concluding his mother's affairs.

If he continues to avoid it, how are your relationships with his siblings? They would have just as much right to open probate and administer the estate as your husband. You might want to talk with them also.

The longer the situation is allowed to linger the more difficult it will be.

While I generally agree with Tranq about the lien on your house, I would just add that, if your husband was not careful in utilizing the Power of Attorney, he might have managed to somehow obligate himself for some of these bills.