My Brothers Estate

[EddieWalker]

My brother is still alive and in ICU, but his lungs and heart are on a machine that is keeping him alive. His heart stopped for 15 minutes on Sunday and his doctors have been doing tests to see if there is any brain activity. This is day three, and they want one more day to make sure. I don't know what happens next, but he is listed as Do Not Resuscitate, and we all feel it would be better to pull the plug then keep him alive as a vegetable. He is 55 years old, and his drinking is what has led to this.

He has a 40 acre farm near Mabank TX. He has polled Herford's and he raises mallards for hunting clubs. I've spent the last two days going through his house and shop, looking for valuables, bills, papers and documents. He does not have kids or a wife. My parents will inherit everything.

We've never done this before, so I'm hoping for some advice or direction. Nothing legal, just things that we should look into or think about.

He was always in debt with multiple credit cards. What happens to that debt when he passes? Can they put a lien on his land? How do they collect what is owed on the credit cards?

The house on his land is inhabitable. He lived like a vagrant to some degree. One room had walls, a ceiling and a floor. The house needs to be torn down before we sell the land. We are unsure what he owes on the land. I haven't found anything that looks like a mortgage book. His laptop is password protected. Is there a way to get around a password on a laptop?

He has a Cannon 80 gun safe with an electric keypad. If I cannot find a password for it someplace, I can get it open with a grinder, but I'm also willing to try something else if anybody has a suggestion?

From what I've found so far, he leased his truck for 2 years, then financed it. I don't know what he owes or if he's been making payments. Any thoughts on what to do? I don't need or want another truck, neither do my parents. I'm thinking about letting them reposes it, but I need to know what he owes and if there is any value in selling it.

He has 5 trailers. I've found a note for one of them for about $2,000 What happens if it's not paid? do they reposes trailers?

Most of his stuff will end up here and become part of my farm. Tools and equipment type of stuff. His animals will have to be sold, and I've never sold cattle or ducks. Neighbors have stopped by while I was there and I think I can find a home for the cattle. Nobody wants his ducks. There are more then 200 of them that I'm feeding every day. Once it's official, I'm going to contact the people that where buying his ducks and see if I can make a deal to get rid of all of them at one time. If that doesn't work, I'm open to suggestions or ideas?

If we decide to hold onto the land as an investment, what's involved in leasing it to a neighbor to run cattle on?

Is there anybody on here from the Mabank area that knows a good realtor that I can contact? I know a lot of realtors in my area, but they are an hour away from my brothers farm and I don't trust them to know that market.

Another option would be to split it up and sell separate lots, or build spec homes on 5 or ten acres, sell that, then do it again and again until it's all sold. I'm not excited about this because it's so far away, and I already have enough work to keep me busy. If we held onto the land for awhile, I might have more time to do this and the market might be better by then.

If you can think of something that I should consider, please feel free to make those suggestions. We're flying blind right now.

Thank you,
Eddie

 

[kf4uda]

I am sorry to hear about your Brother. Sounds like he has made some bad choices in life but he is still your Brother. One thing you might want to check are property taxes, making sure they are paid up. If you could find or run a credit report on him that might clue you in to his debts.

This might be helpful with the computer:

Change or reset your Windows password

See how to change or reset your Windows password if you've forgotten or lost it.

support.microsoft.com

 

[kthompson]

First, sorry for the situation you are in. Losing a sibling is tough. Praying for you and your family.

Eddie, most likely his estate will need to be processed by the Probate Judge (what they are called here) office. You probably will have to run legal newspaper ads on his passing, and they will have requirement on it.

I suspect you will be shocked how well lenders watch those ads and will file claims against his estate and they will most likely have to be met or satisfied before anything can be sold.

As to the safe, a lot of people will use a simple number to them for a lock. Maybe his date of birth, phone number or such. If the lock combination has not been changed or if change and registered with the company (doubt that was done) they may with needed paperwork be able to provide the combination. If they cannot hep that way, they do have instruction on how to open it and at least some companies will provide that info and specs to a licensed locksmith. But I would first try numbers that meant something to him and if that does not work would look in yellow pages or online in the area for locksmith who advertises they can open safes.

On trailers, no idea in Texas, but in South Carolina trailers of certain sizes and specs do not require to be registered. Of course, if there is a lien on it and the lender can find it no doubt, they will want it or to be paid the lien amount. However, I would feel very free to make an offer for lower amount. They may take lower amount to just save their time and cost to handle it.

Eddie and trying to find who he was paying if he used a checking account again with necessary paperwork, (Death certificate and probably Probate Judge release or such) his bank account would show who he was paying if using check. If he paid by cash, hope he had receipts.

As to the land, be slow on deciding what to do. Emotions will be running all kinds of ways with the family. Give it a few weeks or even months if possible. At least have at least two or three appraisals on the property. Before I would contract with a real estate company get the value on the property and go to the adjoining owners, if interested probably the quickest buyers.

Eddie, take care of Eddie and your parents. Parents never expect a child to die first. Will be tough on every one of you. Do pray for peace during this heartache. Kenneth

 

[old and tired]

Once it's over for your brother, get multiple death certificates, each credit card company wants a copy. They usually settle for 50 cent on the dollar but it depends on the estate. Is it going to be able to pay all the bills?

I should have just walked away from my mother's estate, it cost ME $12,000 to get out from under it since the lawyer put it all in our names (even though I told him not to do that). Once it was out of the courts, I had to deal with it.

 

[RoyJackson]

Since he's in that bad shape...suggest you consider getting a Power of Attorney before you go too far. That should give you some authority (which you don't have now) and protections
I hope your bother makes it...doesn't sound too good though

 

[EddieWalker]

Once it's over for your brother, get multiple death certificates, each credit card company wants a copy. They usually settle for 50 cent on the dollar but it depends on the estate. Is it going to be able to pay all the bills?

I should have just walked away from my mother's estate, it cost ME $12,000 to get out from under it since the lawyer put it all in our names (even though I told him not to do that). Once it was out of the courts, I had to deal with it.

The land is worth something, so if we sell it, that should pay off all his debt.

But for some reason, I'm not too excited to pay off his credit cards. What happens if they are not paid?

 

[Chewwy]

Since he's in that bad shape...suggest you consider getting a Power of Attorney before you go too far. That should give you some authority (which you don't have now) and protections
I hope your bother makes it...doesn't sound too good though

I am not an attorney, but am pretty sure one cannot get a power of attorney if the grantor is not mentally competent. Guardianship and Conservatorship would likely be required and are more difficult and expensive to get.

 

[EddieWalker]

I've also been contacting friends and family to let them know what's happening. Once it's official, I'll post it on FB so everyone knows.

My brother has been unconscious for a week know. They have stopped giving him anything to sedate him, they want him to wake up, but without any brain activity, it's just not going to happen.

 

[WVH1977]

I've also been contacting friends and family to let them know what's happening. Once it's official, I'll post it on FB so everyone knows.

My brother has been unconscious for a week know. They have stopped giving him anything to sedate him, they want him to wake up, but without any brain activity, it's just not going to happen.

Sorry to hear about your situation. Something else you need to think about is how much the funeral is going to cost and the burial. It is expensive and they only take cash.

 

[EddieWalker]

Fortunately, he has always said that he wanted to be cremated and spread in a pond with some ducks.