My Brothers Estate

[EddieWalker]

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?

My Dad has dementia and Alzheimer's, so my Mom is trying to make all the decisions, but she's overwhelmed. I'm trying to help her as much as I can, but also trying to figure out what our options are. She does not want the land, but would like me to buy it if I can. I don't want it either, but for what he owes on it, and what I think it might be worth in a decade or two, it would be silly not to try to buy it.

My brother was licensed to raise mallard ducks and pheasants. They have lived their life in a large pen that allows them to fly, but never develop any skills to survive on their own. The few that have escaped always try to get back in. This will last until they die from predators, or they die on the netting. If I let them go, I believe they will just die.

There isn't much to steal, or vandalize. The house isn't livable and probably contributed to his health issues. Nobody can damage it any worse then it already is. I'm just going to knock it down.

The shop is just a 30x40 metal building. No windows, just a sliding door and walk through door. The neighbors watch it pretty good and it's on a dead end road that doesn't get any traffic. I was nervous when he first passed, but not so much any more. Now I'm more focused on his animals.

 

[EddieWalker]

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.

Thank you, I might try this. The laptop is asking for a security phrase, and I don't have a clue. I've had a few offers from guys on here to help me get into it, but this seems like the easiest way that I've heard of so far. I'm still too distracted on dealing with finding time to get to his place to feed his animals, and clean things up, to put any time into the laptops. I've found 5 of them so far, but I only think the HP is the one I need to get into. 3 where in a cardboard box, and the other was way under his bed behind some other stuff.

 

[GeneV]

Wow Eddie, that's a lot on your plate man, sorry to hear it.

 

[airbiscuit]

Thank you, I might try this. The laptop is asking for a security phrase, and I don't have a clue. I've had a few offers from guys on here to help me get into it, but this seems like the easiest way that I've heard of so far. I'm still too distracted on dealing with finding time to get to his place to feed his animals, and clean things up, to put any time into the laptops. I've found 5 of them so far, but I only think the HP is the one I need to get into. 3 where in a cardboard box, and the other was way under his bed behind some other stuff.

With all that's on your plate, it might be easier to walk into a computer shop with a $100 bill (or less) and let them unlock it, They do it all the time.

 

[Buppies]

Eddie wish I could help you more with this but it’s been so long ago since my parents passed and the rules have changed so much in 20 years.

 

[Sigarms]

My Dad has dementia and Alzheimer's, so my Mom is trying to make all the decisions, but she's overwhelmed. I'm trying to help her as much as I can, but also trying to figure out what our options are. She does not want the land, but would like me to buy it if I can. I don't want it either, but for what he owes on it, and what I think it might be worth in a decade or two, it would be silly not to try to buy it.

I'm not big on lawyers, but it sounds like you should talk to a estate lawyer to see what would be the best course of action would be given the variables.

Does your mother have an estate laid out and are you in it? Only reason why I ask is it may be possible to kill two birds with one stone if a estate is set up and you're listed with her, but I'm only trying to using common sense and aren't a lawyer, so I'm talking through my butthole right now.

You seem like a very resourceful man, but you and your mother are probably in over your heads on exactly how to sort this out per the laws that may apply and the best way to transfer the property. Make a wrong decision, and you could be kicking yourselves for not getting professional help.

If I was in the same situation as you, I'd tell my mom I'd find a decent lawyer and split the fee with her (perhaps pay it off in full and not tell her). I'd ask some of your clients if they could suggest someone they used and could recommend. Certain with all the people you've dealt with someone may know a "friend of a friend".

Seems like this would/could be money well spent on good advice on how to proceed, added, it lifts a huge burden off your mom and she doesn't need to worry about it.

When my dad passed, he laid out everything perfectly for me per the estate, even having it changed to NC after he moved from PA to live with us. That said, I'll still get a estate attorney at the end of the year to ensure we didn't miss anything that could bite us in the arse a couple of years later not thinking about it.

 

[California]

I'm not big on lawyers, but it sounds like you should talk to a estate lawyer to see what would be the best of action would be.

Does your mother have an estate laid out and are you in it? Only reason why I ask is it may be possible to kill two birds with one stone if a estate is set up and your listed...

Estate is the 'legal person' surviving after someone passes but there are still assets/liabilities, and also inheritances to pass out. It includes court supervision and a statewide mandatory attorney fee schedule.

Focusing on what you mentioned: At least here, a Trust is a 'legal person' that living individuals can deed assets into. Its like establishing a corporation. This is primarily to make settling an estate simpler because no court review is needed at any step. The executor named in the trust document simply does what the trust lists. You need a local attorney to write a Trust document conforming to local law.

 

[JasperFrank]

Airbiscuit, The only passwords or other data recovery we would ever do, at our shop is if the laptop or computer was purchased FROM US. And the person requesting a recovery is the original purchaser. Which we can trace in the POS system or if they have a receipt. We turned down many people bringing in "Craigs List" computers and other devices. For them, we could only offer a full wipe and restore, and what ever upgrades were available to the OS license.
Even with this measure in place, people would sometimes put in a secondary drive that had its own password, and would ask that all the drives be readable. These cases were awkward. I would be very surprised if a brick and mortar computer repair store would ever consider a Password Crack on an unknown walk-in.
Someone bringing in a Laptop or other device, that was not a traceable first buyer, would have to present a Death Cert, and be the Will named Executor, or a later assigned Administrator, as legally that person IS, by law, the deceased person executing their directives. Its okay to show some one how to do it on their own, but it is problematic to have a service do this for someone with out CYA measures in place. Eddiewalker can try, but I think no shop is going to do this with out extraordinary, background checking.

I commend you Mr Walker, on your compassion for the ducks and the other critters.

 

[ArlyA]

My dad is descending into dementia as well, and didn't seem to know me this spring. He's 95 but here is a dated pic of him running a dog at a trial.. I believe this was taken in Jordan MN. We feel for ya man.

 

[Sigarms]

Estate is the 'legal person' surviving after someone passes but there are still assets/liabilities, and also inheritances to pass out. It includes court supervision and a statewide mandatory attorney fee schedule.

Focusing on what you mentioned: At least here, a Trust is a 'legal person' that living individuals can deed assets into. Its like establishing a corporation. This is primarily to make settling an estate simpler because no court review is needed at any step. The executor named in the trust document simply does what the trust lists. You need a local attorney to write a Trust document conforming to local law.

You're absolutely correct, a sincere thanks for that clarification.

My father did not set up estate with my mother, but it was a Trust. When my mother passed, basically my name went onto everything (including bank accounts) with my father. It was the Trust he had to update when me moved to NC to live with us, not an Estate.

Because I was an only child, I was listed as the executor.

For NC, for vehicles, they have Joint Tenants with Right of Survivorship (JTWROS) that can on the vehicle's registration. After my father moved down to live with us, we ended up putting my name on the registration of his car as well. This allowed us not to have to deal with the car in the Trust and all I have to do is go in with his death certificate, title and proof of insurance and have my wife come in with her drivers license and we transfer ownership of the vehicle to my wife and I.

Eddie, I need to revise my statement, you and your mother need to look at setting up a Trust, not an Estate, if you haven't already. I'm pretty certain your mother trusts you as much as my father trusted me. Excuse the pun, but can't help wonder if that is where the term "Trust" comes from after saying that.

 

[Hay Dude]

Eddie, I have not read all the posts in this thread, but would it be feasible to buy their land and save it for your kids to build their homes on? Or is it too far away or not a desirable property?

 

[tradosaurus]

Tyler, Tx (where Eddie lives) to Mabank, Tx ( where his brother lived) is about 55 miles.

 

[EddieWalker]

If I buy the land, and I'm going to try, it would be for a long term investment that I would sell in a decade or two. In it's current state, it's overgrown, neglected, trashed and just not very appealing. A few years of mowing, clearing and demolition would easily increase the value of the land considerably. It has good quality grass trying to grow through the weeds. Before he bought it, a guy was haying about half of it, so that's kind of the goal for the place.

 

[Hughman]

Maybe see if the fire department is interested in clearing the structure with a practice burn.

 

[Sigarms]

If I buy the land, and I'm going to try, it would be for a long term investment that I would sell in a decade or two.

If your parents inherit the land, common sense tells me you need to "buy it" from your parents.

Set up a Trust, have you listed as the executor, and make payment plans to your mother.

If your mom is like my mom when she (my mom) charged me rent to live with them, she'll put it to the side in savings without telling you.

That said, this is Monday morning QB'ing. This is where you need to talk to a good estate/trust lawyer to figure out what you and your mom want to accomplish and the best means legally to go about it.

 

[MossRoad]

If you don't have a backup key, hire a locksmith.

For the cost of a locksmith to come out (less than $100 I would guess), they will get into that Cannon safe in less than 10 minutes I guarantee you. The "service call" you pay for the locksmith is worth the price of not destroying the safe to be used later as you wish (either use it yourself or sell it).

Yep. Back when I was in high school, a friend of mine was given a Valiant by his grandfather. He had the ignition key, but not the door/trunk/glove box key. We drove over to a locksmith's shop. An old locksmith. Like comedy skit old. We tell him the story, he says he'll take a look at it. We walk outside. He pulls a little pouch out of his suit coat jacket and opens it. There's about 10 pieces of spring steel wire in there in various shapes.... lock picks.

He takes one and puts it in the lock and puts some pressure on it with his thumb, takes another one and sticks it in and out of the lock in one smooth motion and POP!

My friend and I were more crowbar and hammer kind of guys.

Anyhow, it took him longer to select his lock picks than it did to open the lock, let alone walk out to the car.

He removed the lock from the trunk, took it apart, measured the pins, made my friend two new keys, and charged him maybe $5.

That was my introduction to a locksmith.

Well worth an inquiry.

 

[2manyrocks]

If your parents inherit the land, common sense tells me you need to "buy it" from your parents.

Another route if your parents aren't interested in the money from the sale, might be for them to disclaim their interest but they'd certainly need competent legal advice to make sure the disclaimed interest would pass to you and there would be the question whether your father still has enough mental capacity to legally sign the disclaimer. This is not something to do on your own. These are questions for an experienced estate attorney.

 

[Hay Dude]

If I buy the land, and I'm going to try, it would be for a long term investment that I would sell in a decade or two. In it's current state, it's overgrown, neglected, trashed and just not very appealing. A few years of mowing, clearing and demolition would easily increase the value of the land considerably. It has good quality grass trying to grow through the weeds. Before he bought it, a guy was haying about half of it, so that's kind of the goal for the place.

Is it in an area where RE values are generally growing or declining?
Also, I believe you said there was a shop? Maybe you can keep some equipment there to expand your business.
I gotta get you to throw away the tool belt and get into farming. Maybe some good comes out of all this sadness and stress you are dealing with.

 

[ning]

he house isn't livable and probably contributed to his health issues. Nobody can damage it any worse then it already is. I'm just going to knock it down.

sure would be a shame if transients went in it and squatted there during the winter, breaking down what little furniture was left and catching the place on fire...