My Brothers Estate

[RandyT]

We're waiting on the Death Certificates. I have a few names of lawyers, but haven't spoken to any until I get the Certificates. We ordered 20 of them. The Funeral Home said that they could provide more if we need them at the same cost.

When my mom passed away in December I got 3 copies which are $10 a piece for my county, Still have all 3 original copies. Everybody has either excepted copies of the original or they copies the original and then handed it back to me. Even the life insurance company accepted a mailed copy of the original.

 

[2manyrocks]

There could be an animal rescue group somewhere that could have some suggestions about finding homes for the ducks. Our local vet seems to know who they are in our area. Maybe your vet could put you in contact with someone to help?

 

[kevin37b]

Get an excavator with a thumb , you will never regret it .

 

[Sigarms]

Sorry for you loss. Been there in your situation.

I'd find a decent estate lawyer local, see who you like, and go with them.

End of the day, it sounds by what you've said with your brother, you want to ensure all your bases are covered per the state of Texas.

My father was the executor of his families home after his brother passed and his sister went into a nursing home, and there were unpaid taxes and no written will. Major PITA for my father, and one particular sister of his disowned him because she didn't get the house.

I would just want to ensure that if your parents inherit the land, it's all "legal" so nothing bites you 10 years down the road.

On that note, if you hand't done so already, I would suggest to you and everyone here to set up an estate and lay everything out per worldly goods "per people you trust".

My father recently passes away, and even though I was an only child, before my mom passed away in 2002, they set up an estate before my mom passed.

My father wasn't a rich man money wise, but he saved what he had. After my mom passed, I was listed on everything like my mother was via the "estate" and everything was "joint ownership" (after my mom died, my father had it revised).

For tax reasons, we will still get a estate lawyer to go over taxes for next year, but at the end of the day, after my father passed, because my parents took the time to set up a estate and my father updated it after my mom passed, everything was painless on my end without having to deal with probate because my name was already listed with my father.

Our one boy just turned 18, but after my wife and I saw how my parents did it with me, we will set up the same estate to have our one son included.

I get the fact that everyone hates lawyers and realtors, but in both professions, I have found people of immense help that used their expertise to make my life much easier and were easily worth what they were paid for their professional help. Like any profession, you have good people and bad people you come across. It's the bad people that give the profession a bad name IMO.

I just see how my aunt and uncle did it (brother and sister, never married) with my dad's "family home", and since there was no will and no taxes being paid, legally, splitting the home up amongst the family was nothing but a PITA for my father because no one took the time to lay everything out "legal" wise.

 

[MossRoad]

I just heard something on the radio about someone being left a third of someone's house, a third of their truck, and a third of their dog. Reminded me of how things can go if it's not spelled out well in a legal document.

As far as lawyers, every body hates them until they need them, then they're indispensable.

Also, there are a lot of different types of lawyers specializing in a lot of different types of law. So try not to lump them all in with the ambulance chasers.

 

[ArlyA]

Same as in all professions. Mostly are good poeple mixed in with a few shysters that we remember.

 

[ljjhouser]

Some time has passed. I hope things are clearing up somewhat for you getting things in order.

I will never understand how they can split a title on a property. When my mother passed away, she had 1/2 title on property in TX. I was lucky, I sold the 1/2 to the other owner.

I can understand how property is transferred upon death. TOD in MO is call Transfer upon death to xxxxx. But splitting a property into two titles seems strange.

 

[mike69440]

Wow Eddie, Just saw this. Death is not only sad, but can be a real mess, especially when you leave stuff behind. Wishing you the best.

 

[randyjs]

"Our one boy just turned 18, but after my wife and I saw how my parents did it with me, we will set up the same estate to have our one son included."

You have to be careful how you do this. A guy I worked with put his son on the deed, a few years later son was getting a divorce and the daughter in law wanted her share. I never did ask him about the outcome. You are better off doing a "Transfer upon death".

 

[Rustyiron]

I just heard something on the radio about someone being left a third of someone's house, a third of their truck, and a third of their dog. Reminded me of how things can go if it's not spelled

I just heard something on the radio about someone being left a third of someone's house, a third of their truck, and a third of their dog. Reminded me of how things

As far as lawyers, every body hates them until they need them, then they're indispensable.

Moss there's an old saying,
"If it weren't for lawyers, we wouldn't need lawyers".... but I understand what you're saying.

 

[QRTRHRS]

Eddie, sorry about your loss. Take comfort that in spite of his issues, that it sounds like you had a good relationship overall. Mine was only good for a short time after we both came home from the Army.

My mother passed while living with my wife and I. She had no will, a couple of CC's and "trinkets". We knew that she wanted to be cremated but with no will, my three sisters and my brother had to sign off on that. My brother would not sign. After an unanswered registered letters and two weeks, the judge allowed the funeral home to proceed. The funeral home was very helpful through all of this and did not go past the original fee.

I sent certified copies of the death certificate to the CC companies and advised them that there was no estate to draw from. After the spending an hour or so with the first one on the phone answering question after question, I did not return or pickup any more calls from them. It may not have helped that my wife's name and my mother's were somewhat similar.

My mother did not even want an obituary published. A sister asked if she could so she went ahead and put it in the local paper where my family is originally from. My mother wanted to be cremated and spread on our farm but with no service. I spoke to my sister's and they agreed for my wife and i to have our minister out for a private service.

One thing that was quite laughable was when one of my three sister's whom is likely worth more than the other four of us totally wanted to know when the will was to be read.

Lot's of good advice here. I had not noticed, you may want to talk to your parents about their/your feelings if you have not already done so. A group hug may be in order if it has not happened already?

 

[California]

Eddie I'm sorry to read of your loss.

There's a ton of good advice above. Hopefully this can clarify couple of the issues:

SS is 'earned' by surviving the month, although the deposit may come mid-month.
So expect SS to recover, from the bank, what they sent in the final month.

After someone passes their affairs become an Estate, an entity similar to a legal person. With assets and liabilities. Somebody has to become Executor of the Estate, in effect the business manager.
The Executor is responsible to publish a Notice of Death where creditors will see it, normally a local paper. Larger creditors will also subscribe to services that notify them of the SS death notice. Creditors lodge their claims against the Estate. Ignore any who ask you to pay personally.

Your judicial system will have the requirements an Executor must accomplish. The important one is the inventory of assets that creditors can claim against. And a statement of every income/expense using Estate funds.
Then a judge will approve the Executor's Assets/Liabilities statement and the Executor's proposed disposition of remaining assets. Hopefully you won't be asked for clarification on anything. This is where an attorney advising you can prevent a headache.
Absent a will, each state has a model will mandating disposition of remaining assets. It sounds like in Texas everything goes to living parents.

With things as complex as you describe, you might consider hiring (with Estate funds!) an attorney to do the Executor work. Or at the minimum, to guide you or parents through each required step.

But don't be in a hurry to jump into anything. There's no need. Take care of yourself and parents. That's what's important.

 

[tradosaurus]

Eddie I'm sorry to read of your loss.

There's a ton of good advice above. Hopefully this can clarify couple of the issues:

SS is 'earned' by surviving the month, although the deposit may come mid-month.
So expect SS to recover, from the bank, what they sent in the final month.

After someone passes their affairs become an Estate, an entity similar to a legal person. With assets and liabilities. Somebody has to become Executor of the Estate, in effect the business manager.
The Executor is responsible to publish a Notice of Death where creditors will see it, normally a local paper. Larger creditors will also subscribe to services that notify them of the SS death notice. Creditors lodge their claims against the Estate. Ignore any who ask you to pay personally.

Your judicial system will have the requirements an Executor must accomplish. The important one is the inventory of assets that creditors can claim against. And a statement of every income/expense using Estate funds.
Then a judge will approve the Executor's Assets/Liabilities statement and the Executor's proposed disposition of remaining assets. Hopefully you won't be asked for clarification on anything. This is where an attorney advising you can prevent a headache.
Absent a will, each state has a model will mandating disposition of remaining assets. It sounds like in Texas everything goes to living parents.

With things as complex as you describe, you might consider hiring (with Estate funds!) an attorney to do the Executor work. Or at the minimum, to guide you or parents through each required step.

But don't be in a hurry to jump into anything. There's no need. Take care of yourself and parents. That's what's important.

What if there is little to no estate funds, as it sounds like in Eddie's case? Is the Executor responsible for hiring an attorney out of his own pocket?

 

[California]

What if there is little to no estate funds, as it sounds like in Eddie's case? Is the Executor responsible for hiring an attorney out of his own pocket?

Anybody know?

Just a guess: I think the court system engages an Executor if creditors demand it and no one volunteers.

It's only worthwhile for apparent heirs to name an Executor when they expect some remaining value to distribute.

 

[rbstern]

Eddie, I'm very sorry about your brother.

Regarding the laptop: If the password continues to allude you, you can take out the hard drive (hdd or nvme) and use an appropriate USB adapter to connect it to another computer. Unless the files are encrypted, you'll be able to access them that way.

Appropriate tools for this:

(hdd) https://www.amazon.com/BENFEI-Drive-Adapter-Cable-Compatible/dp/B07F7WDZGT/ref=asc_df_B07F7WDZGT

(nvme) https://www.amazon.com/Enclosure-Adapter-Tool-Free-RTL9210B-Support/dp/B08PV3X6HR/ref=sr_1_1_sspa


I have similar adapters and will be happy to send them to you if needed. PM if you do need them.

 

[JasperFrank]

My wife, for some reason will not set down a Will. I have survivership on all her assess though. And she has survivership on all of mine. There is no estate, aside from the house and land which we are tenants in common. This is a bit of a problem if we both die at the same time and she doesn't have specific language... and yes, you can specify, that in an indeterminate event, that one party is legally dead first. But I brought the land and the house to the table which is now the largest asset.
I have a wayward brother, that lives very far away. I'm at any time now expecting to get a call from his x-wife that he has passed. Already decided to completely refuse anything he may have in his will, or estate through probate. The State can have it.

I am wondering why Mr. Eddiewalker you would try to mortgage your ex-brother's land? You don't know yet, what the liens might be? That has red flags all over it, that you are falling into a hole.
I would still have a trail cam on the property. Vandals aren't looking for stuff to steal, they are looking for places to party and destroy.
The Ducks, well, aren't they still ducks that can survive in the wild? Or are they some sort of exotic duck. Why not just let them go in to the wild and let nature sort it out?

 

[ljjhouser]

My wife, for some reason will not set down a Will. I have survivership on all her assess though. And she has survivership on all of mine. There is no estate, aside from the house and land which we are tenants in common. This is a bit of a problem if we both die at the same time and she doesn't have specific language... and yes, you can specify, that in an indeterminate event, that one party is legally dead first. But I brought the land and the house to the table which is now the largest asset.
I have a wayward brother, that lives very far away. I'm at any time now expecting to get a call from his x-wife that he has passed. Already decided to completely refuse anything he may have in his will, or estate through probate. The State can have it.

I am wondering why Mr. Eddiewalker you would try to mortgage your ex-brother's land? You don't know yet, what the liens might be? That has red flags all over it, that you are falling into a hole.
I would still have a trail cam on the property. Vandals aren't looking for stuff to steal, they are looking for places to party and destroy.
The Ducks, well, aren't they still ducks that can survive in the wild? Or are they some sort of exotic duck. Why not just let them go in to the wild and let nature sort it out?

Just a short note. Don't knopw where you are located, but here in Missouri, we also have the "Right of survivorship". But vehicles - it can only apply to one vehicle. If you are claiming to change the title from your spouse, the state permits only one vehicle change. I was surprised to discover that last year.

 

[Buppies]

So sorry for your loss prayers for your family and you

 

[California]

... You don't know yet, what the liens might be? ...

That's why Title Insurance will be required by a lender. They research what's recorded and pay off to make things right if they missed something. It's worth what it costs.

 

[JasperFrank]

Ijjhouser, it seems everyday, there is some new wrinkle in how estates are handled. Its not like the changes are announced anywhere. I'm not in Maryland, but my uncle died a few years ago, in that state, and everyone was a bit surprised that in Maryland, a person that dies, with out children and no surviving parents, or sister/ brothers, or spouse, the State tacks on an extra 10% in taxation to the estate. It was particularly odd in our case that he had just moved to a different retirement facility from his prior community in West Virginia, which has no such added inheritance tax. This turned out to be a very expensive change of residency.