MOM's estate.  I need advice PLEASE HELP

NCBusa2001

Registered
It’s been a while since I have posted and I though I would let everyone know what is going on currently and ask for assistance.

As far as my recent vasectomy reversal I had it done on the 1st and it went just fine. We will see in 3 months if it worked. We almost had to cancel it the day before the surgery due to our hospitals corporate greed (wanted $7000 up front cash) but we were able to work out a “payment plan†instead. I haven’t got on a bike yet but I should be good to go in a few more weeks.


Now for the sad news. My Mother died last Wednesday and we had the funeral Saturday.

For those who didn’t know. My mom was a 66 year old woman who was diagnosed with brain and lung cancer (thanks Phillip Morris) in March. Everyone was sure that she wouldn’t see April. However, she responded to the treatment well (chemo and radiation) and did great until mid-November when the extensive bone cancer was found. She remained 95% mentally until the Sunday before her death and steadily became unresponsive over the next two days. She passed in her sleep without much pain. We arranged a nursing service to stay with her 24 hours a day and that was a saving grace. I had seen what “nursing homes†can do to people and that had to be avoided entirely. She had a wonderful life and passed without losing her dignity. We shoud all be as fortunate. May she rest in peace.

Now I need help.

I am going to handle the estate myself but this is an area that I have very little experience. I am afraid of doing something now that might bite me in the future. If anyone has experience in this area please speak up.

Here’s is my situation in brief. I am an only child. My father died in 2000 and his “estate†(house and retirement accounts) was naturally left to my mother. There is a will that names me the executor and only beneficiary. Now that she has passed I have handled all of the beginning steps and have set up the “estate account†and have started to pay off her outstanding debts.

Here’s the question?
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?? Please tell me if my plan of action is a mistake.

There will be two accounts set up. An “estate†account and a “beneficiary†account (liquefied IRA’s that I’m the listed beneficiary).

The estate account has a balance $10. All of her outstanding debts (funeral bill, credit cards, healthcare expenses, charge account, utility bills, etc) come out to total $6.

Now that leaves $4 in the estate account.

The house that was “willed†to me still has a mortgage balance of $15 and a home equity loan balance of $5. Total owed $20. The tax value of the house is $40 (done in 2003). An appraisal done in 1999 shows the value to be $35.

QUESTION ONE: Explain “capital gains taxâ€. I was told that I might want to get the house re-appraised and report that value on the estate paperwork. Because…….of something to do with “capitol gains†if I sell the house in the future. I don’t understand. Do I want a lower or higher value, compared to the tax value?

QUESTION TWO: I plan on paying off the mortgage and equity loan completely with the money from the “beneficiary accountâ€. Is this a bad move in any way?

QUESTION THREE: Once the mortgage is paid off, then what? Do I need to officially have it put in my name, if so what is the process? The people I have talked to stated that it is not really necessary but “If†I “wanted†to have it re-deeded and attorney would need to do it. Again, I’m a little clueless here.

Lastly are there any questions that I should be asking that I lack the experience to ask?

As always I thank you for taking the time to read, and hopefully respond, to this plea for help.

Chris
 
you dont have to pay any debts that havent attached the house.

why pay off the house?
if you dont want it, you can sell as is and keep anything left after its paid off..
 
Sorry to hear about your mom. Do yourself a favor: get an attorney. Preferrably a good probate attorney. This kind of stuff can bite you in the ass if not handled correctly.

It's going to cost some dough, but it could potentially save you a lot more in back taxes and a visit from the IRS.
 
Dude, talk to an attorney.  There are some general rules which apply but each individual case is different.  All you don't need is to take some off the wall internet advice and end up screwed because some minor detail was overlooked by some internet wannabe. Sadly, you could get screwed and never even know it.

Having said that, I believe there is a way to "express lane" the probate if the total value of the estate is below a certain amount.  An attorney can do this for you for a fixed rate and you're done.

If you really think you can't afford an attorney, or that the estate is small enough to not merit one, at the very least go to Nolo Press and do some reading. That will help you get started at the very least and could prove sufficient for your needs.

You also may need to ask some of these questions of a CPA.

Believe me, the expert help will be worth the $500 or so that you'll spend for a couple of hours of initial consulations AND I believe that expense can be written off as part of the costs.

Spare yourself the doubt, the uncertainty and the problems you're going to have if you take the advice of a bunch of us internet dimbulbs!
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--Wag--
 
NCBusa2001,
I have an attorney friend. If you like, I can ask him if he could recommend (either inside/outside his firm) a good probate lawyer.

Let me know...
 
Chris, sorry to hear about your mom. I hope the vasectomy reversal is a success. good luck to you and Kim. Tim
 
sorry to hear about your mom.

Dude.. any decisions you make will pretty much be final decisions.. get yourself a good attorney that you trust.

There is so much legal crap in the world these days you pretty much NEED expert edvice in these scenarios
 
sorry for your loss chris you should get some legal help if anything take the stress of thought out of it good luck friend
 
Sorry to hear of your loss Chris. Take everyones advice and go talk to an attorney! Best wishes.
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In MA when my Mother passed all the atty's fees were taken from the estate before any dispersement were made etc... Get an "Elder Affairs" atty... It took one year to complete everything and become finalized.
 
sad to hear about your Mom, hope the procedure was succesful.
Talk to an attorney, either someone you know and trust completely, or go to a total stranger. Stay away from the ones you "kinda" know. Those are the people who usually try to take advantage. Just my .02........
 
Thank you everyone. I really appreciate the support, if that's possible over the internet, per se. This board is the only one worth frequenting, in my opinion.

I agree with the lawyer argument. The lawyer that handled my dad's estate and my mom's thus far appears to be a decent guy. I basically told him, "Mom's estate seems fairly simple so I'll try and handle it myself.". He gave me the original will and I was off. Going back with my hat in hand may hurt the pride a bit, but might pay off in the end.

I'm meeting with her "personal investment counselor" tomorrow afternoon. I'm going to bounce several questions off him. What I am doing is converting several IRA which I think might be tax deferred. He seems fairly knowledgeable so I'm going to ask him about the penalty’s and tax liabilities.

I'm scared that "the government" is going to get a big chunk. However I have heard that there is no "inheritance tax" if the estate is below a million (which mine certainly is).



HOWEVER. I wonder if "I" have to claim it as INCOME, which would suck big time.

I'm trying to get everything done before the 31'st so I can use the mortgage interest to defer any tax penalties.


I have a very small family. There is myself and wife Kim, Alex and Christopher (Kids with the ex most of the time).

THAT IT !

Luckily, I'm educated and in a fairly good field. I have my stuff together (for the most part). What I need is to have my situation 100% together.

That means a PAID OFF domicile. Some place that NO ONE can take away (with a few exceptions). So of the two houses, mine and my mom's. Mom's place gets the nod.

It sucks for a few reasons, all being that it's in a neighborhood full of people and it's in the middle of golf country. But it will allow us to sell our current house. Without that payment, Kim and I will be able to pay off ALL of our bills in a year.

We are still planning on building our "super complex" in the forest, probably next year. But this will be our "safety net" for now.

Your continued comments are welcome.

Juggler any referral would be welcome.

Chris
 
My condolences Chris!

I've handled similar events in my life (usually successfully) but only after extensive research into the legal issues via Internet state law sites, paralegal visitations, and paid attorney consultations. It was always a lot of personal work and I'm not sure it was worth the effort as opposed to simply hiring an attorney. Whichever way you go, best wishes to you. See in you in a few months.
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Thanks Tom. I'm going to see that banker today so I will know more in a few hours. I'll post what he had to say.

Chris
 
Sorry to hear about your mom.  Do yourself a favor: get an attorney.  Preferrably a good probate attorney.  This kind of stuff can bite you in the ass if not handled correctly.

It's going to cost some dough, but it could potentially save you a lot more in back taxes and a visit from the IRS.
I've gone through this, and each state is different. We are making plans now for my wifes mother when she departs (and she is in N.C.). I can't stress enough that you get an Attorney. There are things you are required to do that you would NEVER have thought of. Like, here in Oklahoma where my parents died, you have to publish their Deaths in the 5 Largest Newpapers in the State over a 1 year period before you can execute any Will or seperate the finances. All bills must be listed and go through the court. So, what does N.C. require, I don't know, but I will find out. Because as the Executor you are resposible for all payments that the estate owes until there is NO value left, or divided out.

GET AN ATTORNEY and let him guide you through this.
 
Chris, sorry for your loss.

About the estate, my wife handles these all day long and she constantly tells me the horroe stories of people who try to save a few hundred up front and end up paying thousands in the end. Moral of the story get a reputable attorney or it could cost you. Theres nothing common sense about it and that's where it gets exepnsive. Good luck.
 
First, I'm so sorry about your Mom Chris...even when you know what may happen with cancer patients, it still doesn't take the sting away when they go...
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Second, my Mom went through this same type of thing in May when my stepfather passed away...even with all of their ducks in a row and her understanding of how everything should work out, she still went to an attorney. It is truly the best option to help you through all of the questions you have.

You're in my thoughts...
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Well, I talked to the financial planner and a CPA.

Basically the deal is....When a person is the beneficiary of anything, it is kept separate from the "estate". The IRA's that are being converted into my name can not be "cashed out" unless I claim them as income for next year. But I can't pay off mom's house without using them. I already have one mortgage and we bought that large property last year, so my credit is fairly tight. The bank won't approve another mortgage, I'm sure. So paying it off looks like my only option, unless I want to lose the "family home".

Kim and I already make a decent income already but we always claim 0 dependents, so we can get money back at tax time. Now If I add the amount of the IRA to next years income, WOW.

I will probably owe between $40,000 and $50,000 in federal taxes alone. That means it will be close with regards to paying off her house. I'm so ill I can't see straight. I normally don't pay much attention to taxes (to prevent hostility) but seeing this tops the cake.

Everytime I think about those worthless waste-of-flesh people sucking the system dry my feelings get worse. My mother and father worked hard ALL of their life only to have their assets "absorbed into the system". Makes me sick.

I'm going to see an attorney but I'm not sure it will do much good. Thanks for letting me rant.

Chris
 
Chris. Get a frickin' attorney!!! There may be a way, and I'm not saying there is, where the IRA's can be rolled over within the confines of the estate, then used to pay off the house and thereby reducing the penalties.

Good luck!

--Wag--
 
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