My parents went into a nursing home in Feb and March of 2012. My dad died in April 2012 and mom in May 2013. My sister, her daughter (my niece), and my niece's 2 daughters all lived with, and were finacially supported, by my parents. They moved out of my parents home in June 2012, and it's sat vacant ever since. Mom and dad both had a will and basicaly left the house and all possesions to be divided equally among their childern (my 3 sisters, my brother, and I). The house is in very poor condition and in a bad neighborhood. It has been vandalized several times. Insurance on it ended in Jan 2012, because of more than one claim filed in 2011. Mom and Dad left behind outstanding debts of aprox. $3000 on a car loan and aprox $6000 on a USDA-Rural Development loan, plus we have unpaid property taxes from 2012 on the house. My niece has posession of, and continues to drive my parents car. There is no insurance on it, but it is liscensed until Nov of this year. We tried to settle with the loan company on it, (had less than one year left to pay on the loan, with monthly amount of $335 due), but they wouldn't settle, mom was still living at the time. They said they would repossess the car over a year ago, but my guess is they have never been able to locate it. What happens when it's time to renew the liscense on the car? I know what she's doing is illegal, but it's the only transportation my niece, her mother (my sister), and the 2 kids have. Also there is a lein on the house from the USDA-Rural Development loan that hasn't been paid on since Dec of 2012. Also, what should be done about the property taxes, and unpaid utility bills? None of us 5 children have any extra money, and are pretty much struggling as it is. Mom and dad didn't have any savings and lived off social security. Dad was 88yrs. and mom 80, when they passed. Any advice is very much appreciated.
1 Answer from Attorneys
The will of your father is of little importance now. Probably all his property passed fyi her at his death. If your mother's will was valid, it could be presented for probate, if dive so before the first anniversary of her death. (Wills are only valid for one year after death). If none of you want the house, or any equity it might have, you can let the lienholder foreclose on it. Otherwise, you'll have to open a probate estate, in order to transfer it to you and your siblings, or sell it(subject to the lien). As to the car, as long as there is insurance, anyone can renew the tags for your folks. Obviously, it would be best to pass it through probate too.
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