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Coerced Debt and Rev Mort with No will

Discussion in 'Estate Administration & Probate Court' started by Pennies, Jun 26, 2022.

  1. Pennies

    Pennies Law Topic Starter New Member

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    Mom passed away Apr 9th 2022. No will, she had signed her pink to her car over to me to prevent anything happening to it. I left it in her name. She had dementia. I had eventually gotten a POA and AHCDPOA after a year and a half of trying to get her back home after my younger half brother had kept her against her will by disabling her car one day so he could continue his abuse in a private and EXTREME way. I was unaware he had been taking money from her for the last 10 years then in 2017 - 2019 caused I'd say about $40k in debt in 2 years time. He had committed a number of crimes stealing her benefits using fraud and ID theft, wireless transfers, account take over and the bank assisted him. I have hard evidence. Mom borrowed from me approx. $5,000. and never paid me back during this whole ordeal. I became her representative payee and couldn't pay myself back. She didn't have any money to work with really. I paid her bills ect. as she declined. When she passed I HAD to use what little money I had to pay for her cremation. I couldn't afford this I am flat broke now!

    The house has a rev mort of $403,000.00. It was upside down a good number of years. There were 2 done by 2004 or 05. The house now is probably worth about $525,000 to $600,000. I had paid the property taxes and homesteaded the property just before she died. I told her to homestead it over 20 years ago then found out she didn't.

    The judgments/debts I was able to get 2 dismissed w/o prejudice claiming elder abuse. I was working on a 3 rd when mom passed.

    Mom has NOTHING of value. 1/2 bro wiped her out clean! He had her pawn her jewelry and lost it to pawn, cash her life ins policy I asked her to buy for funeral expenses it was only a $3k policy.

    The 1/2 bro is on disability and sec 8. He is mental. And defrauded both because of the extra income he had from embezzling. My mother was his representative payee and he should not have had access to anyone's money in the bank!

    Her bank acct has money that belongs to SS. She hasn't any other assets but her clothes, bed, dinning room set, and some other pieces of furniture.

    I have a another brother who is adamantly estranged. He absolutely will not have anything to do with this mess and will not talk to me. He thinks that if he just turns his back that's enough. He doesn't realize the courts have to know this!

    That's my situation here's the problem - One of my neighbors said he would help with the rev mort that has been now due and payable since Apr 9th. I asked for an extension after they had just automatically gave one to me that was up on the 16th. I am in the house and have been since day one. I take care of it for my mom.

    I want to try and keep the house. And get these two either both signed off or 1 signed off and the other barred from being an heir. There's some thing else... I have a law suit started in my mothers name against the hosp who murdered her. It's still in the discovery phase because the hosp will not turn over the med rec. They did the same to me after my being approved to receive them while she was alive since I was her POA of health care. I dont know how long this is going to drag out. And does this have to be mentioned to the court? Is this a SMALL ESTATE intestate? Is there another way for me to claim heir-ship with non responding siblings? I think I read somewhere about filing an affidavit and claiming it that way if these two do not respond. I filed an extensive complaint against 1/2 with the DA recently. They said they are investigating.
     
    Last edited: Jun 26, 2022
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    You can't get either one barred "from being an heir". They are both heirs under the law, just like you, as you are all her children. As far as barring either heir from inheriting assets from the estate, you'll have to see a probate lawyer for that. I don't see any grounds for denying either one their intestate share of the estate, but you might be able to offset the one sibling's share if the estate successfully sues him for embezzlement and/or abuse of your mother.

    That lawsuit, if filed in the name of the estate, is an estate asset that would have to be declared to the probate court in its financial disclosures.

    I don't know since I don't know the value of the estate assets. In particular, I don't know what value to place on the lawsuit nor do I know how much the estate will ultimately get for the house.

    That's something to discuss with a probate lawyer, along with all your other questions. If you are going to be the estate executor you'll need the help of a probate lawyer anyway. In California, the lawyer's fee and executor's fees are, as I recall, determined as a percentage of the estate assets. Those fees are also paid out of the estate assets — you don't have to pay those out of your own pocket.
     
  3. Pennies

    Pennies Law Topic Starter New Member

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    My dad sold for Allstate for many years. He would get "life insurance policy happy" He started multiple policies on me and I know he had cashed in 2 back around 1979 due to financial problems.

    I had recently gone through some stuff of his I forgot I had and ran across 6 policies. 3 were insuring me. They have matured. I know my dad wouldn't have held on to this if they were worthless.

    I don't trust Allstate after what they did to my dad after all his years selling their insurance. I called them and NONE of the policies were in their system except for 1 that was for my brother (there were 2 for him) and they told me one of his had expired in the 1980's. But nothing else was in the system.

    They told me I had to file some sort of request to find them. I'm thinking maybe I can try to cash these in and have them locate the policies that way if possible? Beneficiary that could have made claim if I had died is dead.

    1. 1971 and says paid at age 31.
    2. 1960 paid at age 20
    3. 1965 paid at age - the policy says ultimate face value $20,776 after 20 yrs At the bottom it says Paid-up at age 65 Non-participating I am turning 62.
     
  4. Pennies

    Pennies Law Topic Starter New Member

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    Thank you for responding. I'm not trying to get them both barred. 1 doesn't want anything but doesn't know to let the court know. The estate hasn't been filed yet. In CA elder abuse, if found, will disqualify the 1/2 brother from being an heir.

    Assets - there are none. Only furniture and clothes... things of that nature if that is considered assets. I mentioned her bank account that I was the represented payee and only has her last payment in there that will go back to Soc Sec. She lived check to check. $40k coerced debt. over $400k rev mort. House could sell for as much as $600k. She had a personal debt of $5k owed to me for saving her house ect. No way of knowing how much the law suit will be or if it will be worth going after. In the mean time I need to do something about the house and get the house in my name before foreclosure starts.
     
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    That's an easy one. The relative who does not want anything from the estate provides to the executor a disclaimer in which he/she gives up his/her share of the estate and or files it with the Superior Court if there is no executor. If there is no estate executor the person disclaiming the interest would file it in the Superior Court. It's important the disclaimer be filed within 9 months from the date of death to be effective for federal and CA estate and gift tax purposes. There are also other advantages in CA probate law for meeting that nine month deadline. The effect of the disclaimer is that the person submitting the disclaimer is treated for estate distribution purposes as though he or she died before your father died. The disclaimer is not a complex document, but it would be a good idea to see a CA probate attorney to ensure that it gets done right.
     

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