Sunday, January 25, 2015

My stepfather passed away last year. There was no will and there are no assets. There is a house but it is essentially worthless (in extreme...

Question

My stepfather passed away last year. There was no will and there are no assets. There is a house but it is essentially worthless (in extreme disrepair and has a tax lien for more than the property is worth). He had two daughters, myself, and another stepson. We are paying the funeral bill and just want to make sure we have no obligation to do anything else. None of us are interested in the property.



Answer

You have no obligation to do anything. Nor does the "step son" unless either of you were either adopted or the biological child of this man.

If the man had two biological daughters, then one of them needs to probate an estate if there are probate assets. You say there are no assets but there is land. Land is an asset. However, if the land is truly in bad shape, there is no money, no car and just debts, then the daughters should write a letter to any of the creditors of their father explaining that their father had an account, that they are not liable, that there are no assets justifying probate and that the creditor should write off any bad debt.

Regarding the land, they probably want to talk to the municipality about this. If the property is in really bad shape, it can be condemned but if the municipality has to demolish the house then they are going to stick the daughters with the cost. Also, if there is a tax lien, why was the property not sold at tax sale?

They really need to consult a probate attorney who practices in the county where your stepfather lived prior to his death to see what they advise.



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