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I was named in my grandparent's estate which is partial ownership....

Posted on 3/31/21 at 3:38 pm
Posted by geauxdroddz
Member since Nov 2016
2042 posts
Posted on 3/31/21 at 3:38 pm
in a small house in Newton TX, I live in NC. I was named along with my sister, Aunt and uncle. The house 'might' be worth 100k, but it I am yet to check it out in person and hasnt been taken care of in years.

Here are the issues:

- the county is close to putting it for auction (owe about 5k).

- GA and TX Medicaid have about 80k in bills due to my grandfather's nursing care. He died in July of 2018 and there are still no liens on the house (but they do send bills to my Aunt who is the executor).

-Due to the bills from medicaid nobody wants to pay the back taxes...that said, they would sign it over to me if I decide to pay the taxes.

- I spoke to an attorney and he claimed they 'may' not go after the house, but to find out I need to pay the back taxes and transfer to my name which would trigger their action.


Seems like an OK bet to pay enough in taxes to keep it from auction then rent it out and wait to see what happens.

Anyone have any experience with this? TIA
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27166 posts
Posted on 3/31/21 at 3:39 pm to
Yes I have experience and talk to an attorney.

Posted by djangochained
Gardere
Member since Jul 2013
19054 posts
Posted on 3/31/21 at 3:40 pm to
Sounds messy
Posted by X123F45
Member since Apr 2015
27348 posts
Posted on 3/31/21 at 3:41 pm to
quote:

GA and TX Medicaid have about 80k in bills due to my grandfather's nursing care. He died in July of 2018 and there are still no liens on the house (but they do send bills to my Aunt who is the executor).



Tell them to get fricked. They waited.

quote:

Due to the bills from medicaid nobody wants to pay the back taxes...that said, they would sign it over to me if I decide to pay the taxes.


Get it.

quote:

I spoke to an attorney and he claimed they 'may' not go after the house, but to find out I need to pay the back taxes and transfer to my name which would trigger their action.


That's not how it works.

Transfer it. Then close the estate before they file anything. In Louisiana, their time has come and gone. Confirm with attorney for texas.
This post was edited on 3/31/21 at 3:42 pm
Posted by GardenDistrictTiger
Fort Worth
Member since Sep 2020
2480 posts
Posted on 3/31/21 at 3:42 pm to
Medicaid can come and get your property? This country is done.
Posted by LSUcdro
Republic of West Florida
Member since Sep 2009
11126 posts
Posted on 3/31/21 at 3:42 pm to
get a lawyer

no matter how well you get along with your family, someone will feel shorted and raise hell
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 3/31/21 at 3:43 pm to
So you're talking about paying $5k to MAYBE get $15k or $95k.

First thing you should do is to do some research to see how aggressive Texas's HHS is in enforcing its Medicaid liens. Some states are much more aggressive than others.

I'm guessing that in the end you'll want to walk away.
This post was edited on 3/31/21 at 3:45 pm
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
19494 posts
Posted on 3/31/21 at 3:45 pm to

You already have some risk that you’ve described. Throw endless eviction moratoriums on top and I wouldn’t touch it as a rental property.
Posted by Shexter
Prairieville
Member since Feb 2014
13839 posts
Posted on 3/31/21 at 3:46 pm to
quote:

Newton TX

quote:

population 2,478

quote:

'might' be worth 100k


If you can find someone to rent a $100k house and not destroy it. Don't think I'd want a rent house that far away from NC.

Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 3/31/21 at 3:47 pm to
quote:

He died in July of 2018


Is probate still open on the estate? Why hasn't your aunt done anything to close it if so? Each state has a pretty specific timetable on how long creditors have to make a claim against an estate.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18894 posts
Posted on 3/31/21 at 3:47 pm to
quote:

I'm guessing that in the end you'll want to walk away.


I'm guessing the OP should 100% NOT take the advice of the OT on this. In real life, consult a professional. The $500 you invest in an initial opinion may or may not lead to an expenditure of $5,000 that could result in a profit of $95,000. Don't trust the OT on that.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
259898 posts
Posted on 3/31/21 at 3:50 pm to
quote:

then rent it out


I'm in a similar situation, we are just going to sell. WAY too much trouble to rent out and upkeep.

Selling makes me sick though, it's the homestead my moms family staked out over 100 years ago. But, I cant manage that property from here and it wouldn't rent for a lot considering the location.

Its a farm.
Posted by Demshoes
Up in here
Member since Aug 2015
10185 posts
Posted on 3/31/21 at 3:52 pm to
quote:

no matter how well you get along with your family, someone will feel shorted and raise hell


Unfortunately this is 100% correct. Money, Estates, successions, money brings out the WORST repeat WORST of human nature and behavior. Good luck. Talk to a lawyer.
Posted by greenbean
USAF Retired
Member since Feb 2019
4541 posts
Posted on 3/31/21 at 3:53 pm to
quote:

- I spoke to an attorney and he claimed they 'may' not go after the house, but to find out I need to pay the back taxes and transfer to my name which would trigger their action.



In MS, Medicaid usually doesn't come after the estate of the deceased. This will likely vary greatly state to state.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
259898 posts
Posted on 3/31/21 at 3:54 pm to
quote:

Money, Estates, successions, money brings out the WORST repeat WORST of human nature and behavior.


My siblings and I are in agreement on everything. It's been amazing.

We gave my moms new car to my sister, and she paid us for our share anyway.
She's also handling much of the legal stuff, so we voted to give her a bigger share of the property sale, even though she will fight it.
Posted by dome53
Member since Apr 2009
1830 posts
Posted on 3/31/21 at 3:56 pm to
Usually folks ask the OT THEN talk to an attorney. Shouldn't the attorney have answered your questions? If not him, he should've recommended another attorney who could.
Posted by Chad504boy
4 posts
Member since Feb 2005
166132 posts
Posted on 3/31/21 at 3:56 pm to
quote:

get a lawyer



might end up more costly than what house is worth.
Posted by KemoSabe65
70605
Member since Mar 2018
5120 posts
Posted on 3/31/21 at 3:56 pm to
You need a Texas estate attorney asap, don't make any decisions before talking to one. From my experience, the retainer will be $5,000.00 to start the succession due to the complexities.
I am with the legal opinion you have already received and doubt Medicade will come after the house.
You don't want to rent anything in Newton Tx.
Posted by CatfishJohn
Member since Jun 2020
13336 posts
Posted on 3/31/21 at 3:56 pm to
quote:

Medicaid can come and get your property? This country is done.



Good.

Otherwise that just goes right back to the tax payer.
Posted by GATORGAR247
Member since Aug 2017
993 posts
Posted on 3/31/21 at 3:56 pm to
Newton County appraisal district sucks. Expect them to find more back taxes after you pay the 5k. I dealt with them for 10 years on a piece of property I owned there. There's not much in Newton. I'm not sure there is a 100k dollar place in Newton unless it comes with 40 acres.
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