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re: Inheriting house

Posted on 1/13/23 at 6:01 am to
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45188 posts
Posted on 1/13/23 at 6:01 am to
Check whether Bama has homestead creditor protections. In Florida if the house is homestead, that type of creditor can't touch the house and it goes free and clear to your wife.

If Bama doesn't have homestead creditor protection, just set the house up so that it doesn't go through probate. Most states (including FL) make it nearly impossible for creditors to get anything if the asset doesn't go through probate.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57978 posts
Posted on 1/13/23 at 7:01 am to
quote:

basically owes 120k on a 150k home


$30k isn't going to go far with medical care for someone with dementia.

Have you thought about renting the house out? This could allow for paying the house down while housing prices are dropping and rates are high.
Posted by el Gaucho
He/They
Member since Dec 2010
58525 posts
Posted on 1/13/23 at 7:03 am to
Why not rent it? By the time you sell a 150k house there’s gonna be hardly any of that 30k left
Posted by rocksteady
Member since Sep 2013
2361 posts
Posted on 1/13/23 at 8:18 am to
Also keep in mind, if others have not mentioned it, that POA ceases at death.
Posted by Ex-Popcorn
Member since Nov 2005
2364 posts
Posted on 1/13/23 at 8:26 am to
I would look into tax implications. If he sells while alive, he may be on the hook for tax gain. If you sell after he passes, I think you get a stepped up basis and won't have that tax liability.
Posted by tgrmeat
Member since Sep 2020
5689 posts
Posted on 1/13/23 at 8:59 am to
If you sell the house make sure you keep the money separate for his bona fide expenses and document how you spend it. If he ends up in a nursing home looking for Medicare to foot the bill they are going to want to know where the money went. The can look back some period of time (5 years I think).
Posted by Upperdecker
St. George, LA
Member since Nov 2014
32759 posts
Posted on 1/13/23 at 9:27 am to
quote:

He is currently living with his brothers family

I wouldn’t sell shite until he passes and the inheritance is clearly defined then. They may think they deserve or actually deserve a claim
Posted by AUturfguy
Member since Aug 2017
182 posts
Posted on 1/13/23 at 9:30 am to
Thanks guys. This is the type of stuff I needed to know about. The house unfortunately is a f***ing wreck. Not destroyed or anything, he is just a hoarder and has mountains of shiyat we have to go through
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57978 posts
Posted on 1/13/23 at 11:11 am to
quote:

The house unfortunately is a f***ing wreck. Not destroyed or anything, he is just a hoarder and has mountains of shiyat we have to go through


Having dealth with a few hoarders, here's some advice:

If it's really that bad, consider having your local trash company drop a bin off at the house for the duration of the clean-out. Stacking bags and bags of crap to be picked up is going to be more arduous by default, but also has the added potential of needing to be re-addressed if people or critters decide to go poking through it (thus strowing crap all around).

Go through all the pockets of their old clothing. Hoarders can (and do) leave cash and checks in their pockets then forget about it. You could be tossing out anything from a few cents to thousands of dollars by simply not going through their clothes (and hoarders are often big on hoarding clothes).

Use plastic gloves and make lots of noise. You never know what may be living amongst the trash. At the very least be ready to experience lots of rat turds and roaches.

As you empty the house of things, go through and check for valuables and cash. Hollow statues, camera cases, etc. are all places I've seen cash squirreled away by hoarders.

Pace yourself. If the place is packed to the ceiling, understand that it's simply going to take a while and that you are in it for the long haul. The idea is to try to salvage what you can for resale (or at least donations as a tax write-off) to offset the costs you will be incurring. Getting frustrated and just tossing things blindly may feel better but you could be missing out on some decent cash.

As you empty rooms, make notes on what things need to be addressed in each room. At the least, expect to need to repaint the interior and redo the floors (especially if/where there is carpet). This is why checking to see if there are any stashes of cash/valuables are important.

If you're dead-set on selling, once you get everything out consider at least scraping the popcorn off the ceiling (the process itself is easy, just time-consuming) then having it painted (see: the part on expecting to repaint). This almost always adds value to the home.

Good luck!
Posted by SalE
At the beach
Member since Jan 2020
2940 posts
Posted on 1/14/23 at 7:01 pm to
Sell
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