I think someone screwed up... should I be worried?

Question

Sorry this is kinda long, I'm freakin out a lil bit.

Almost three years ago my dad got some serious health/mental problems and ended up in a nursing home. My family and I were told by lawyers that with his outstanding debts and medicaid about to kick in, that the state would basically take his assets. It was a huge ordeal and I spoke with multiple lawyers about finding a way to keep the house (no luck). About a year and a half ago, dad passed away and the meetings with the lawyers started again. I found the will and it said that his assets (along with money that no longer existed) was to be divided among his five children. No one wants anything to do with the will because of all the debt/headaches, and we assumed that the house had already been taken by the state because of the whole medicaid thing.

I drive by the house every couple of days and there has never been any kind of sign for foreclosure, and no one in our family has recieved anything from the state or medicaid having to do with any of this.

Here's the kicker - a few minutes ago, just out of curiosity I checked the property info on the counties website, and it shows that my dad is still the owner and currently owes over two grand in taxes... WTF??? How can someone be taxed AFTER THEY'VE DIED?

On a side note: OMFG. I thought with several lawyer handling this, that it would've been taken care of... Does this mean we could still get the house?

Thx.

Answer 1

dont get youre hopes up too high, but its possible that with all the channels things go through with the government and debt companies and all that for things to take a long time.. a year and a half seems a bit too long for that though...

Answer 2

That is crazy!

You should talk to one of those lawyers and see what the heck is going on

Answer 3

Maybe everything wasn't closed properly

Answer 4

Well if your father is suposedly being charged with taxes then i guess so and sence its been so long sence you though that the bank took away your house but notice they havnt done anything then i guess its still your fathers and dont be worried just do what needs to be done being worried just makes your question more things that have nothing to do with the situation

Answer 5

you could still get the house and if someone has died you will probably have to pay the debt

Answer 6

Sorry about all that has happened to you and now this.

When someone dies their assets are sold to pay  off their debts if cash is not available to do so. I am sure the government will send their bill sooner or later. If you are paying lawyers, they  should be handling this. The house could be sold at auction for back taxes too. Whether you get anything from the house depends on the debts vs the value of the house.Talk to your lawyers and see what they are doing if anything and go from there.Hope this helps.

Answer 7

In my state you can get medicaid and still own a home but only one if you have mutual funds stocks bonds or money in the bank they want you to deplete that first but they will not take your home

As for the taxes on the home my guess is that they haven't taken it because you can have a home and be on medicaid...If the house is paid off show that you are the surviving heir and transfer the title and move in if you want the taxes owed are property taxes, the assessors office just keeps track of taxes on property and if it's paid they just know that the address of your fathers house is delinquent on the property tax payments

Answer 8

I wish i new a good lawyer. I think your case does sound sad. But in the end. I doubt if you will get anything. I'm sorry, that you're having a difficult time. I think some how there is a problem. I doubt he will half to pay the taxes. I hope you can find the strength to survive this. Good luck. I'll pray for you.

Answer 9

I'm assuming your father did not have a spouse.  So what would have happened in Minnesota is that once someone goes into a nursing home, Medicare pays for a certain amount of days (I believe it is 30) after that the individual is responsible.  So someone should have been writing a check every month to pay for your father expenses. Most all of his cash, savings, bonds, certificates IRA's, etc would have to be used for his expenses. Somewhere before all this money was gone, he should have applied for Medicaid.  If he passed away before his money was gone, there would be no lien on the house.  If Medicaid was 100% paying for the expenses, there may be a lien on the house.

I hate to say this, but it sounds to me that the children were not involved enough--took the easy way out & let lawyers handle things, which meant, they probably took most of the money for their fees. If the lawyers were handling everything, why weren't the taxes paid?  If he had no money, why didn't the house get sold?  At least one of  you 5 kids, should have been intementaly involved & been the one to write the checks rather than a lawyer.

It probably does mean you will have to do all the work to sell the house, but there may not be any money because the nursing home would get it.

Real Estate taxes are assessed to the house, not the owner (sort of) & the state assesses them every year.  Heirs are responsible for the debt.  Who's lawyer's were these you talked to?  Doesn't sound like they helped you much.  If I were you, I would find out if there are any leins on the house or the estate.  Then find out what who is responsible for selling the house.  Then find out who needs to get paid & find out if there isn't enough to pay everyone, what needs to be done. Maybe some negotiating to appease everyone & to make sure they can't come after the children.

Good luck.  

Answer 10

I think a house can still be taxed cause someone owns it or it is a mistake. I am not even going to give you all you need but I suggest you put your question in the business/real estate section & I have heard there are different people during the week then on the weekends so you might want to wait till people get back to work & are looking while have their morning coffee but try some different things besides posting in this section unless you get results.

Answer 11

According to what I found out your dad cannot be taxed since he is dead.  Don't count on that but that's what I've found out.  If there isn't a foreclosure sign then you should still get the house.  You might want to contact someone in your county to be sure that you still get the house.  If you do get the house you may have to pay the taxes.  I'm not positive though.

I hope I helped,

Maggie

Answer 12

yeah, a house can remain at somebody's name even if they die, because nobody have reported it to the government agencies. You should try to get the title of the house, pay the taxes, and report your dad's death. I don't know where you have to go to get a house title, but you can find out by calling 411. good luck, you may still be able to get that house, even live in it.

Answer 13

they are not going to take the house because they would have to sell it to get their money and that is a headache for them. ok first thing is to go to your local congressman or woman. they will help you for free and since its a Medicaid (government) matter, its right up their alley. do this asap and don't mention about lawyers. as far as the taxes on the house, make a payment and don't mention anything about anything. as long as the taxes are paid, your safe. did dad have an estate? you should hope he did not. in the meantime, try to get the house into your name.  

Answer 14

You say you had meetings with lawyers, but you do not say that you hired a lawyer to represent your interests or to advise you on a course of action.  That might have been a problem for you.  These lawyers you met with...who were they representing?

If you have a will, you may have to turn it in to the Court, even if you do not file for probate.  Consult your attorney.  Not an attorney.  Your attorney.

Property taxes accrue on property, not on persons.  So the assessment continues, whether or not the then-current owner has passed away.

Consult your lawyer - not just a lawyer, but your lawyer - to resolve the property title issue.

And good luck.