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If so, then how do we do that and if not what would be our responsibility to sell the house when there was not a will? The house is only worth $12,000.00 the funeral expenses were about $15,000.00 for both them.
RevMullins, depending on your State laws regarding Probate, Medicaid could be first in line if Medicaid had placed a lien on your parents house. Medicaid would like to be reimbursed for the care they had given your parents. Again, this varies from State to State. Do not sell the house without checking first with Medicaid.
To me there’s 3 different but interwoven problems: - the estate recovery that Medicaid can do as both parents were on Medicaid. & by being on Medicaid the state can place a lien or a claim on the property to repay or recover costs paid throughout medicaid. The lien or claim can place a cloud on the title so property cannot be sold with a guaranteed ownership. How much $$$ did medicaid pay?.....I’d bet it’s way way beyond the 12k the house is worth! & - If they both died without a will, it’s considered an “intestate” death. Most intestate have it so all assets escheat to the state. If your state does this system, you would have to establish your right & position as a heir before - like through a lineal heirship filing process - you can sell property owned by your parents. You legally cannot sell the house as you are not the owner. You will need an atty to do a lineal heirship or have you named as administrator of parents estate in probate court. & - funeral costs (15k) paid can become a debt of the estate IF probate is opened. You need something legally formal to which to submit your costs to; & that’s what probate can do. Otherwise it’s a cost family gifted. So if probate opened, the 15k funeral costs get entered as a debt (or claim)by whomever paid them. Also whomever pays property taxes, property insurance can also enter those as a debt / claim. But you’d need to open probate & that means you need an atty as there’s no valid will. (If there was a will, you might probably - if your comfortable in a courthouse and somewhat legally savvy - could file a small estates affidavit or do muniment of title & get house sold, but you cannot as there’s no will....).
If house is really worth 12k, if it were me, I’d just walk on doing anything and not spend another dime or time on this 12k property as every day there’s costs on all this. You will never ever be in the black $$wise. There will be atty & court costs to establish a lineal; AND property taxes - hopefully your folks are current on property taxes as these have hefty interest and tax sales happen for all delinquencies; AND any other house costs (insurance, utilities, maintenance); plus Realtor commission to sell at Fair Market Value. Added up could easily be another 5k, 8k, 10k or more. That “estate” is already in the red 3k, there’s not ANY real profitability here EVER. Move on & maybe ask family to chip in to you directly to offset the 15k funeral costs.
House becomes a problem for county & state. No will = assets escheat to state. It’s their monkey and it’s not an adorably cute baby Langur monkey.
Keep in mind that if you decide to become “responsible”, like be named administrator or executor of the “estate”, that means dealing with whatever the state or its outside contractor starts sending out on MERP / Recovery as both parents were on Medicaid. MERP will need to be dealt with cause if not, their lien or claim will cloud the title on the house so it cannot be sold till cloud is lifted. MERP would likely fall into the not cost effective to be done by the 3k/10k cost benefit guidelines but there will be a pile of paperwork to get done before ever getting to that point. And times 2. Your time has a value which that 12k house will never ever compensate for or cover the costs needed to do a legal process unless it has a very unique to you priceless value.
My suggestion is walk away, let it become states monkey to deal with.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
- the estate recovery that Medicaid can do as both parents were on Medicaid. & by being on Medicaid the state can place a lien or a claim on the property to repay or recover costs paid throughout medicaid. The lien or claim can place a cloud on the title so property cannot be sold with a guaranteed ownership. How much $$$ did medicaid pay?.....I’d bet it’s way way beyond the 12k the house is worth!
&
- If they both died without a will, it’s considered an “intestate” death. Most intestate have it so all assets escheat to the state. If your state does this system, you would have to establish your right & position as a heir before - like through a lineal heirship filing process - you can sell property owned by your parents. You legally cannot sell the house as you are not the owner. You will need an atty to do a lineal heirship or have you named as administrator of parents estate in probate court.
&
- funeral costs (15k) paid can become a debt of the estate IF probate is opened. You need something legally formal to which to submit your costs to; & that’s what probate can do. Otherwise it’s a cost family gifted. So if probate opened, the 15k funeral costs get entered as a debt (or claim)by whomever paid them. Also whomever pays property taxes, property insurance can also enter those as a debt / claim. But you’d need to open probate & that means you need an atty as there’s no valid will. (If there was a will, you might probably - if your comfortable in a courthouse and somewhat legally savvy - could file a small estates affidavit or do muniment of title & get house sold, but you cannot as there’s no will....).
If house is really worth 12k, if it were me, I’d just walk on doing anything and not spend another dime or time on this 12k property as every day there’s costs on all this. You will never ever be in the black $$wise. There will be atty & court costs to establish a lineal; AND property taxes - hopefully your folks are current on property taxes as these have hefty interest and tax sales happen for all delinquencies; AND any other house costs (insurance, utilities, maintenance); plus Realtor commission to sell at Fair Market Value. Added up could easily be another 5k, 8k, 10k or more. That “estate” is already in the red 3k, there’s not ANY real profitability here EVER. Move on & maybe ask family to chip in to you directly to offset the 15k funeral costs.
House becomes a problem for county & state.
No will = assets escheat to state.
It’s their monkey and it’s not an adorably cute baby Langur monkey.
Keep in mind that if you decide to become “responsible”, like be named administrator or executor of the “estate”, that means dealing with whatever the state or its outside contractor starts sending out on MERP / Recovery as both parents were on Medicaid. MERP will need to be dealt with cause if not, their lien or claim will cloud the title on the house so it cannot be sold till cloud is lifted. MERP would likely fall into the not cost effective to be done by the 3k/10k cost benefit guidelines but there will be a pile of paperwork to get done before ever getting to that point. And times 2. Your time has a value which that 12k house will never ever compensate for or cover the costs needed to do a legal process unless it has a very unique to you priceless value.
My suggestion is walk away, let it become states monkey to deal with.