My Brothers Estate

   / My Brothers Estate #41  
Sorry you have to go through this, never pleasant to deal with all the lawyers and government and grieving makes it worse. But you will get through it.

See if you need to post the news in the local papers. We had to do that for my FIL estate. In PA the "notification" in the newspapers had to be out for a year to allow any creditors to respond, and once the year is up then they have no claim.

Try not to take this all on yourself , get help where you can.
With the lawyers, set fee, or it will spiral upwards.
We went without lawyers, my wife did it all, but my FIL estate was pretty simple.
 
   / My Brothers Estate #42  
If it's a relatively inexpensive gun safe I have heard that they can sometimes be opened with a rare earth magnet. You can probably find videos on Youtube that show how.
 
   / My Brothers Estate #43  
As a property manager I have been in similar situations…

Several times next of kin were no where to be found or frail, elderly living thousands of miles away.

Not owning property made things simpler and several times the state did a cursory walk through and left for me to deal with as no relative stepped up…

Sometimes you just deal with the big stuff doing the best you can…

Around here the Asian markets would be all over those ducks…
 
   / My Brothers Estate #44  
Eddie, just seeing this. I am so sorry for what you are going through. I will be praying for you and your family. I am close enough that if I can help in anyway feel free to contact me. Hang in there.
 
   / My Brothers Estate #45  
^^^^^^ Eddie get that gun safe out of his house NOW! while he is still alive, the state will want to see inside if he passes, along with a list of all the contents.
In Texas the state does not get involved as Texas has no state income, personal property, or estate taxes. Federal estate taxes for 2022 don't kick in unless the estate is worth more than $12.6 million.
 
   / My Brothers Estate
  • Thread Starter
#46  
I have the safe here at my place, along with most of his valuable stuff that's easy to walk away with. I saw the video about the rare earth magnet. The safe is a Cannon 80 from Tractor Supply. It's a big safe that can hold up to 90 rifles and pistols. From the number of empty pistol and rifle boxes around the safe, there might be quite a few firearm's in there. I've tried every set of numbers, including 123456 to open it without success. I'll keep trying, there isn't any rush now that it's here. The electric keypad comes off easily so you can replace the 9 volt battery. I do not see a keyhole. I'm still digging through piles of junk to find his papers and documents. If it comes to it, I'll use my grinder to get into it. It's a thousand dollar safe, so it's disposable.

There is a ton of "stuff" in his shop that I'll be bringing here too, but also a lot of junk and trash that needs to be burned and hauled to the dumps.

My brother was on disability and social security. He was also an alcoholic that didn't take care of himself, or his home. It's a mess, but surprisingly, it doesn't smell bad. Neighbors have told me that there where times it did smell really bad, so he would clean things up from time to time, but not recently.

Credit cards seem to total around $30,000 in debt.

He leased a 2020 Toyota Tundra for two years, then bought it. I'm not sure if he paid $40,000 for it or $50,000 I see both amounts on the one paper that I've found. He's paying $652 a month for it with payments coming out of his bank account. I'm thinking that will continue as long as he's getting his social security checks. Since he's still alive, but in a coma without any chance of surviving, the checks will continue until he passes. Who tells them to stop paying him?

He still owes on his land, but it's not a lot. It's worth a lot more then he owes, so that's what will pay for his bills if they have to be paid. None of us want the land, we just have to decide if it's better to sell it now, or hold onto it as an investment.

Thank you for all the comments so far, you have no idea how helpful this is for me and my family!!!
 
   / My Brothers Estate #47  
Sorry about your brother. Mine passed away in February. There is some very good advice posted here. Also, even though he has few assets, please keep a diary of everything
you do and who you talk to. Doctors, nurses, lawyers, bankers, funeral homes, etc. and how much time you have invested in case there are any problems down the road.
You said that your parents will be primarily involved, but sometimes people do all of a sudden become your brother's "best buddy" and play on your sympathy. Hopefully that does
not happen. Good luck to you and take thing one day at a time.
 
   / My Brothers Estate #48  
I think the funeral home notifies Social Security. SS does have a small "burial allowance" (around $255 or so) but that apparently can only be claimed by a spouse or children.. The SS will probably stop immediately upon death.. If there is some error and they don't stop, SS will "reach out" and take back any overpayments from the bank.
 
   / My Brothers Estate #49  
My brother is still alive and in ICU, but his lungs and heart are on a machine that is keeping him alive. His heart stopped for 15 minutes on Sunday and his doctors have been doing tests to see if there is any brain activity. This is day three, and they want one more day to make sure. I don't know what happens next, but he is listed as Do Not Resuscitate, and we all feel it would be better to pull the plug then keep him alive as a vegetable. He is 55 years old, and his drinking is what has led to this.

He has a 40 acre farm near Mabank TX. He has polled Herford's and he raises mallards for hunting clubs. I've spent the last two days going through his house and shop, looking for valuables, bills, papers and documents. He does not have kids or a wife. My parents will inherit everything.

We've never done this before, so I'm hoping for some advice or direction. Nothing legal, just things that we should look into or think about.

He was always in debt with multiple credit cards. What happens to that debt when he passes? Can they put a lien on his land? How do they collect what is owed on the credit cards?

The house on his land is inhabitable. He lived like a vagrant to some degree. One room had walls, a ceiling and a floor. The house needs to be torn down before we sell the land. We are unsure what he owes on the land. I haven't found anything that looks like a mortgage book. His laptop is password protected. Is there a way to get around a password on a laptop?

He has a Cannon 80 gun safe with an electric keypad. If I cannot find a password for it someplace, I can get it open with a grinder, but I'm also willing to try something else if anybody has a suggestion?

From what I've found so far, he leased his truck for 2 years, then financed it. I don't know what he owes or if he's been making payments. Any thoughts on what to do? I don't need or want another truck, neither do my parents. I'm thinking about letting them reposes it, but I need to know what he owes and if there is any value in selling it.

He has 5 trailers. I've found a note for one of them for about $2,000 What happens if it's not paid? do they reposes trailers?

Most of his stuff will end up here and become part of my farm. Tools and equipment type of stuff. His animals will have to be sold, and I've never sold cattle or ducks. Neighbors have stopped by while I was there and I think I can find a home for the cattle. Nobody wants his ducks. There are more then 200 of them that I'm feeding every day. Once it's official, I'm going to contact the people that where buying his ducks and see if I can make a deal to get rid of all of them at one time. If that doesn't work, I'm open to suggestions or ideas?

If we decide to hold onto the land as an investment, what's involved in leasing it to a neighbor to run cattle on?

Is there anybody on here from the Mabank area that knows a good realtor that I can contact? I know a lot of realtors in my area, but they are an hour away from my brothers farm and I don't trust them to know that market.

Another option would be to split it up and sell separate lots, or build spec homes on 5 or ten acres, sell that, then do it again and again until it's all sold. I'm not excited about this because it's so far away, and I already have enough work to keep me busy. If we held onto the land for awhile, I might have more time to do this and the market might be better by then.

If you can think of something that I should consider, please feel free to make those suggestions. We're flying blind right now.

Thank you,
Eddie
Very sorry for your loss Eddie.

Our farm is in Eustace (100 or so acres). My Father was born and raised in Mabank, and I lived there for about 1/4 of my childhood. If you want I can get you the realtor my brother used to sell his place in Eustace last month. PM me if you want that info.

Unfortunately your Brother has left his family with quite a mess to clean up. The first thing I would do is check for liens against the property. If there are none now, I would do my best to sell it immediately. If he has that much debt the collectors will come calling...and perhaps even take the family to court. I am not sure of the laws in TX, but an attorney is a must to understand what could happen and plan for it. My gut says try and distance yourself and your immediate family as much as possible. It is hard enough to deal with the loss of a loved one. Dealing with his estate probably isnt going to end well and will take time away from your family. I have 2 brothers so I dont take these comments lightly.

How is the computer locked? Is it a password to get into Windows? He is 55 so who knows if he actually used it for a significant number of things.

Start with his bank, get access to the account then try and see what/where payments were being made.
 
   / My Brothers Estate #50  
The land is worth something, so if we sell it, that should pay off all his debt.

But for some reason, I'm not too excited to pay off his credit cards. What happens if they are not paid?

His estate is responsible for his debts, including credit cards. If your parents are the executors of that estate...they will be responsible for handling them (as funds from his estate allow). My fear is that in the end there will be nothing left. Thats why I recommended you sell the property immediately.
 
 
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