any lawyers out there?

[sumas]

I truely appreciate all input. Yes the deed was written to avoid probate.

Meant to sit down today with Mister and ask him point blank, why the nephews seem to think the house is theirs. Got side tracked though.

The phone is up and running again. With Misters permission, I paid the cable bill which was important. It is his major source of entertainment plus his tennant has an internet business and his internet is linked to the cable. Also made a partial payment on the DTE bill. Had it noted in their file that Mister is in home hospice for what it is worth. Poor baby signed the check in the wrong spot but it should be valid.

Over the years, Mister and I had got into some rip roaring fights. The bills needed paying so I set up shop in the dining room and made my husband be the go between. Phone confirmations, check signing etc. Balanced the check book, paid bills etc. When we first arrived he blissfully told us everything was handled. I told him no they are not. Before we left, I sat with him and asked him if he was mad at me for being so assertive. He said no, he loved me, he owed me and he owned me.Odd comment that.

[sumas]

The other good deed I accomplished today was to request new forms for the tax abatement issue.

Just a note for Detroiters going through hard times, you can request a property tax abatement form. The procedure is to go to the local mini city hall and get a form to mail to city hall. They, then, send an application for property tax abatement. The window of opportunity closes May 1st.

They have moved Mister to an inactive tax role so the form they are sending is supposed to be pretty simple. Hope so fervently since all legal records have been removed so I do not have much to work with.

Mister listens to me, I know I have no legal right to breath down his neck about bills etc. Somebody has to take charge however. I am careful to be legal, Mister is at home, he is signing the checks and approving phone payments.

L thank you for your kind words, life is a little crazy now. Our life is complicated by so many things that I don't bother to share on line. I guess my mantra for this year has been, "that which does not kill me makes me stronger".

[sumas]

I am thread jacking my own thread. Detroiters are wonderful people. To an ex urban person, I guess Mister lives in a "bad" neighborhood. We know most of the neighbors there and they all look out after Mister.

Mr S came over today with his wife. He is a preacher and is a used car salesman. For some reason, I find that funny.

The hugs, the kisses and love shared in the community is inspiring. People seem to think that color is an issue in the city and it isn't. Just apparantly, a problem for some young thugs.

We live in the city too. Know most of our neighbors here also.

Assuming we establish that the house is ours, we plan to deed half the house to the tennant.

We really want to establish an artist community here. It is so do-able.

[sumas]

Ok, still can't rest. The house is paid in full and no liens. Mister does however have a single but large credit card bill. Can they attach a lien on the house when he walks on?

[Lferg]

Before a creditor could attach a lien to the property they would have to get a judgment. If they initiate a suit against Mister and win, before he passes, than yes, a judgment would attach to the property. If they don't, than from what I understand [[remember, TOD is new to me) the property would convey to you upon death and would not be available for probate, so therefore the property would be protected from creditor claims.

[LodgeDodger]

Sumas, what I think your next step should be is to contact one of the agencies posted by cman. As much as the DYes! folks might wish to help, nothing beats talking to an attorney practicing in MI who is familiar with this type of issue.

[sumas]

I love this forum people are so helpful.

L. thanks for the advice on liens. His credit card debt is his only debt. It is current in payment status. It is still an active account. There is an open balance of $3200.

Just curious, should I have him take a cash advance to settle some bills or would that constitute fraud since he knows and we know he will be traveling on soon?

Still need to confirm with Mister that the house comes to us. Mister in his younger days was quite the con artist, however I expect him to tell me the truth. Back in the day, he was also a serious alcoholic.

His lover, a high profile attorney set him up in this house before he died, they decided on vaults with cremains. His lovers vault says, "to be continued' . He challenged Mister to come up with his own epitaph. Mister choose, "Last call".

[sumas]

Cman, thanks for the list. Unfortunately for us, I fall well below the declared poverty level. We are also primary caretakers for my Mom so we live free of charge. This is why I do not know when we may move into Mister's home. My Mother takes direct priority. Our personal needs are simple and few so I do not feel poor.

[MikeM]

Cman, thanks for the list. Unfortunately for us, I fall well below the declared poverty level. We are also primary caretakers for my Mom so we live free of charge. This is why I do not know when we may move into Mister's home. My Mother takes direct priority. Our personal needs are simple and few so I do not feel poor.

Then spare us the drama. If you fall "well below" the poverty level, and your life is so simple, why are you getting involved in property and estate transactions that you barely understand, even with the help of an attorney?

[Thames]

I love this forum people are so helpful.

L. thanks for the advice on liens. His credit card debt is his only debt. It is current in payment status. It is still an active account. There is an open balance of $3200.

Just curious, should I have him take a cash advance to settle some bills or would that constitute fraud since he knows and we know he will be traveling on soon?

Still need to confirm with Mister that the house comes to us. Mister in his younger days was quite the con artist, however I expect him to tell me the truth. Back in the day, he was also a serious alcoholic...

Why would you suggest that he "borrow" money when you know he will never be able to repay?

I’ve been following this thread and from I’ve read, my suggestion is to just step back a step, from the whole situation.

Don’t worry about your friends cable being cut because his tenant has an internet business. That’s the tenants problem, not yours.

I understand your wanting to help your friend, but if the cable is so important to the tenant, I’m sure he’ll use part of his rent to make sure it stays on.

As far as the relatives in his house, you seem to have more of a problem with it than he does. Again, I know you want to help, but ultimately, it is his decision, so they are there. Not much you can do about it, and certainly is not worth losing sleep over. Perhaps they bring him comfort somehow and he likes them there, even if it means giving them a free ride.

As far as the house, why haven’t you just asked him? Ask him if his intentions are the same or would he prefer to keep it in the family? If his vision for the house has changed and he wants to keep it in the family, then fine. You haven’t gained anything, but you haven’t lost anything either.

Step back, enjoy the time you have with your friend, and don’t worry about the other stuff.

[jiminnm]

Before a creditor could attach a lien to the property they would have to get a judgment. If they initiate a suit against Mister and win, before he passes, than yes, a judgment would attach to the property. If they don't, than from what I understand [[remember, TOD is new to me) the property would convey to you upon death and would not be available for probate, so therefore the property would be protected from creditor claims.

This may or may not be true, depending on how Michigan law treats a TOD property at the conveyor's death. The credit card company, or any creditor for that matter, can always sue the estate for non-payment of Mister's bills. If the house is considered part of Mister's estate under Michigan law, and passes to sumas via TOD deed, the credit card company can also sue her if she takes the house without all of Mister's debts being cleared [[as well as any other beneficiaries).

With a will, or intestate probate, the executor or administrator of the estate is supposed to notify all creditors of the deceased and the creditors have a proscribed time to present any unpaid monies due them by the deceased. That person must also demonstrate to the Probate Court that all bills have been paid prior to distributing any assets to heirs.

[sumas]

Thanks Mike for "exuding" concern and sympathy. Not sure if you're mad we inherit a house or we are not financially comfortable. My husband is disabled with no bennefits so I support the show.

Do I get overwhelmed sometimes, of course. Drama Queen no way. Walk in my shoes for a week and bet you would run away screaming and barefoot.

As for the implication I am stupid, frankly I resent that. I'll stack my husbands and my degrees against yours any day. Do I know much about inheritance laws, not much, you are right, but I am learning.

The house can be self sustaining once again. It might be interesting, to some, that several well known and respected forumers on DY have lived there in the past.

[sumas]

Thames, I respect your reasoned response. The tennant has always paid half the phone bill and half the cable. They have mutually helped each other for 12 years. So yes, I owe some protection to the tennant.

Should Mister change his mind I can certainly understand. He hasn't, so what I worry about is dirty tricks by these carpetbaggers.

What I possibly have not mentioned is that over the years many of Mister's closest friends cremains are buried on the property. He expects me to do right and preserve their resting spots.

I do try to stand back and access the situation daily. It isn't always easy.

[Lferg]

This may or may not be true, depending on how Michigan law treats a TOD property at the conveyor's death. The credit card company, or any creditor for that matter, can always sue the estate for non-payment of Mister's bills. If the house is considered part of Mister's estate under Michigan law, and passes to sumas via TOD deed, the credit card company can also sue her if she takes the house without all of Mister's debts being cleared [[as well as any other beneficiaries).

With a will, or intestate probate, the executor or administrator of the estate is supposed to notify all creditors of the deceased and the creditors have a proscribed time to present any unpaid monies due them by the deceased. That person must also demonstrate to the Probate Court that all bills have been paid prior to distributing any assets to heirs.

What I posted is "from what I understand [[remember, TOD is new to me)"

It does appear that a TOD deed is designed to designate a beneficiary and avoid probate.

http://www.rizzolawonline.com/the_lady_bird_deed

[sumas]

Thames, When I discussed the open balance on his credit card I was just pondering. Please note, that I do consider it fraud and wouldn't do it. My mind is spinning every which way.

I do not like people to think I would actually stoop to such means, even if it would rest an old man's mind.

For the "sweet soul" who sneered at me for my "simple" life. I have been debt free since 1988. Don't believe in loans or credit cards and don't need to impress anyone.

I do have pride however, we set aside any career aspirations when we agreed to take on my aging Mother. She wants to stay and die in her own home. Her estate is small. To put her in a senior home would be maybe $5,000 a month. We cook, we clean, chauffeur, take out the garbage, cut the grass and shovel snow to name a few chores. My family appreciates this. We pay groceries and Mom everything else. Our only cost to her is our electricity use, computers & TV.

Simple yes, stupid no!

[sumas]

Sorry if I am boring but to write about my concerns is stress relieving. When someone else on the board is going through this type of situation I promise faithfully to be there for them.

Frankly speaking, I really don't care about the house any more. Most likely it is ours. But sitting next to a dieing man is very humbling. It is just stuff and stress.

Lferg, you have a beautiful mind. Thank you for some grounding comments. Others have been helpful too.

[Lferg]

Sumas,

Sometimes we need to vent, or just think out loud. If writing about what your going through helps to release stress than good for you! I've been following your posts and I know you've got plenty of it to deal with. There are really three sides, the physical which is exhausting, the emotional, and then the legal aspects. If people find this thread boring they can always choose to ignore it.

Hang in there and remember Mister and your Mother are lucky to have someone who cares so much.

[sumas]

Lferg, since you have been so kind, I think I will address my comments to you. Mister passed at 1:15 am on St Patricks Day. His name was Pat.

It is established the house transfers to me and all his worldly possessions. The feeding frenzy has already started with grabs for items purportedly promised.

It's pretty disgusting.

I am following the letter of law reguarding bequests in the transfer. I also have no problems with relatives wanting items that have meaning. Somehow, however, even though people know we are the heirs, they are disregarding that fact, since we are not blood relatives. They are just pilfering stuff.

I am also following his wishes that were not deeded. I gave a signed title of a very nice van to a relative of his. Didn't have to, but Mister always trusted me and I will not betray that trust

Wishes of Mister that were not written into law I have honored knowing what he wanted. The sharks keep attacking. This is a very learning experience. Definitely, not rewarding.

I would rather mourn Mister and not have to deal greedy idiots.

I know what to do and how to handle it. It is something I will address tommorow, assuming there is something left. I think I have been up for something like 36 hours but still running on pure adrenaline. It is a crazy roller coaster.

My current concern is a relative is hitting up his credit card. I tried to cancel or freeze it but without his death certificate I can do nothing. I asked our attorney to make a note.

[Lferg]

Sumas,

I’m sorry for your loss, it hurts to say goodbye, even when it’s expected. How nice though that Pat went home on St. Patrick’s Day. J

Death brings out the best and the worst in people. I remember thinking at my Grandmother’s funeral how grateful I was that she didn’t have to witness some of the actions as she would be horrified. Try not to let the sharks get to you, sometimes family is more about “heart� than “blood�. You said you are following his wishes and won’t betray that trust. Even though I didn’t know Mister, I’m quite sure that’s exactly why he chose you.

Don’t worry about the credit card; you did the right thing by contacting the creditor and making a note of it. Unauthorized use is fraud; I hope his relatives are not stupid enough to use it as it will be easily proven with the death certificate. This link may help answer some of your questions.

http://www.creditcards.com/credit-ca...death-1282.php

Hang in there. J

[sumas]

As far as legal aspects go, all the advice I have received has made me better informed in discussing options with our attorney. Mister's death has still not hit me yet.

There are so many small details to take care of. Cancel his credit card, terminate his bridge card, file death certificates with appropriate authorities, it goes on and on. No one will take care of these issues so I will by making [[relatives) them be present while I make these arrangements.

[cman710]

I am sorry to hear about Pat's passing. Good luck with handling all these issues, as I am sure it is no fun, especially in a time in which you are already grieving.

[sumas]

Thank for everyones support. I have two questions, that I will post in separate threads.
I have collected his bridge card, drivers liscence and credit card but forgot to get the birth certificate. Monday I plan to ask my attorney to keep these in the file.

The nephew was given $300 dollars for incidentals and the rest was to pay for a last bill. He took that money too. I told him to pay the bill in that case He finally admitted he could only make a partial payment but would pay the balance when the tennant paid the rent. He still seems to think he is in charge. He also indicated that some of the relatives who now live there are willing to "kick in" for bills. We have a meeting with the tennant today to iron out how the tennant and I wish things to be done.

Obviously, I need to take charge and stipulate rents, house rules etc. Not want them want to do contributions as the spirit moves them.

My question, should I pay the attorney to make a presentation at the house, of rents, house rules and consequences of violations to the tribe? It seems to me it would have more impact. They still do not grasp that we own the house now and not them.

Since I will not be living there I hope the tennant will collect rents [[for a consideration) which is something we will work out today. I hope we can hash out a moving forward game plan.

On a funny note, the transfer is so extensive that I even inherit the dog.

[sumas]

Darn screwed up my second question. So will repost. Most legal documents have miraculously reappeared except tax returns. I haven't filed an extensive tax return in years so advice is welcome. I know he got a homestead credit and a heating credit maybe even an earned income credit. All I have to go on is paid bill receipts, do I need additional supporting documents to put these deductions on his return and into his tax records. Am I missing any other deductions?

We have used the Accounting Aid Society for several years, they are free to families and individuals making under 60k. They do a great job filing returns.

Thanks for all input, obviously I will do my research but extra advice helps.

PS: Of course the "blood " family should be doing much of this but all declined so we are stuck, the lawyer said just do it.

[Lferg]

I wouldn't think you need to pay a lawyer to be present, however, you may want to ask him to draw up a rental agreement. From the sound of it, the relatives think they can continue to live there for free.

[Blueidone]

Found this place online that will create a lease agreement based on parameters you input. Not sure of the cost, but it might be worth checking out.
Michigan Rental/Lease Agreement [[Residential) Form from LawDepot.com