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Lost my dad this past Friday. Then I found this out. Need some advice.

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posted on Sep, 30 2019 @ 07:06 PM
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Dad passed Friday night. It was peaceful. I have lived with him, in his house, for about two years, helping to take care of him. His health hasn't been that great, so I made that decision to come live with him. I and my two dogs have lived with him since then.

Come to find out, in recent days, he owes a lot of money on his house. Upwards of 90K. Apparently this house had been refinanced several times over the years.

Then come to find out that he owes IRS. Upwards of 90K. Apparently he filed but didn't pay...

So I know th IRS has been garninshing his pay (Pension and SS payments). But since he has passed those garnishments will stop (no income nothing to garnish...)

Do I have any recourse? I just live here. This has been my mailing address since I was 15 years old. Do I just pack up what I want and start over again?

I need some direction. From what I understand, the IRS can seize property. The only property that my dad owned is this house...

edit on 30-9-2019 by edaced4 because: (no reason given)




posted on Sep, 30 2019 @ 07:08 PM
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a reply to: edaced4

This would be a question for the lawyer or anyone that's handling your fathers legal matters.

Sorry about your dad.
edit on 30-9-2019 by MisterSpock because: (no reason given)



posted on Sep, 30 2019 @ 07:15 PM
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a reply to: edaced4

Sorry to say, the house belongs to the bank.

Is it worth more than is owed?
Is there a will?

You are not responible for any of your father's debts, in any way, if that is a concern.



posted on Sep, 30 2019 @ 07:17 PM
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Yikes! I'm sorry about your dad, and sorry you are just finding all this out. I would talk to a Lawyer, but I'm pretty sure you are out of luck.

Did he have a will or anything?
You sure don't want to be on the hook for his debts.



posted on Sep, 30 2019 @ 07:22 PM
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I would take his valuables and belongings out of there. Those are yours now



posted on Sep, 30 2019 @ 07:26 PM
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God love your family....let your opinion of what you want in the name of family to Him, He will answer you quickly

You have a cloud of Angels and family surrounding you right now, a host from Paradise.
A word from God....I don't know about....but..." your Dad is a hero "....I have no idea of what
edit on 30-9-2019 by GBP/JPY because: IN THE FINE TEXAS TRADITION



posted on Sep, 30 2019 @ 07:27 PM
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a reply to: edaced4

Sorry to hear about your dad and circumstances. Dealing with financial matters while in a moment of pain is the worse, I've been there.

The only advice I can give is take it day by day while tackling what you can, even if that's just finding answers. I'd also start juggling some plan B's so you don't feel trapped. The last thing you want is to feel trapped in a time of grieving.

Most states require a heads up of eviction, this is typically a month but can be longer.

God's speed brother or sister. My thoughts are with you, and I hurt for you.



posted on Sep, 30 2019 @ 07:35 PM
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originally posted by: CriticalStinker
a reply to: edaced4

Most states require a heads up of eviction, this is typically a month but can be longer.


Not if his father had a mortgage. It complicates matters worse with 2nd and 3rd mortgages (which benefits the OP).

You have MANY Months to live in that house. Disregard the move out notices. When you finally get the 72 hour eviction notice— move out. My guess is that won’t come for 3-6 months. It all depends on the bank.

I spent 10 years as a realtor and another 5 in foreclosures after that.



posted on Sep, 30 2019 @ 07:37 PM
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a reply to: edaced4

One, you need to get certificates of death. You should use these with closing out his bank accounts and his other services like his phone service and other services like power and water, otherwise those bills will continue to pour in against his estate and any value it might still have after the bank and the IRS get what they get.

You should contact SSI or what ever other sources of income that he had coming in and stop those payments as well as they will be owed back to where ever they came from since his passing.

If you have not money for a lawyer, a real estate agent can be helpful in guiding you along the lines of what you must do to get his estate in order.



posted on Sep, 30 2019 @ 07:45 PM
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First question, was the house bequeathed to you in a will?

If so, it’s unlikely that the IRS can touch it.

If, however, there was no will, was there a Trust?

Generally speaking, unless the IRS has filed a lien against the property, and they usually file ONLY against the SSN, attaching to real property held by that SSN, they can only collect when the property is sold by the delinquent taxpayer (your dad).

If the house passed to ownership by an irrevocable trust, thing might be more complicated.
edit on 30-9-2019 by Bhadhidar because: (no reason given)



posted on Sep, 30 2019 @ 07:45 PM
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Well he’s backwards on the house so you can expect that to vanish. This situation happened to me while in college except my father and I lived in an apartment. The very minute they found out my father passed they gave me 30 days all while I had one class left to finish and get my degree. In that month I had to pick up his remains “cremation” plan a wake and finish my senior project, move everything, find a new place to live and clean out his garage “dad was kind of a hoarder”. His friends donated a lot of help and money. But that past month of college sucks and to cap it off he wasn’t there so I could thank him for helping me get my degree.

Right now your worried about yourself and that important but trust me when I say when a parent dies you will always feel it and it doesn’t get better with time. My dad missed my daughters miles stones and birthdays and everyone of them I wanted him there. He missed my wedding, he missed my graduation, he missed all the little moments you take for granted. It hits harder when all you want is to talk to someone you trust and they are not there.

Don’t worry about the house or inheritance it’s just stuff what you lost you can’t buy with money.
edit on 30-9-2019 by Veryolduser because: (no reason given)



posted on Sep, 30 2019 @ 07:49 PM
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originally posted by: KKLOCO

originally posted by: CriticalStinker
a reply to: edaced4

Most states require a heads up of eviction, this is typically a month but can be longer.


Not if his father had a mortgage. It complicates matters worse with 2nd and 3rd mortgages (which benefits the OP).

You have MANY Months to live in that house. Disregard the move out notices. When you finally get the 72 hour eviction notice— move out. My guess is that won’t come for 3-6 months. It all depends on the bank.

I spent 10 years as a realtor and another 5 in foreclosures after that.


I concur with the above OP. Most banks are really in no rush to evict you. They have to go through a lengthy legal process to take possession, and resell the house, and as long as someone is living there, there is less chance of vandalism, and theycare not paying for upkeep like lawn maintenance, etc.

When my mom passed, it was nearly a year before they got around to it. You can stretch that out by dodging process servers, but I had no reason to do that, as I wasn't living there.



posted on Sep, 30 2019 @ 07:50 PM
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a reply to: edaced4

Spend some money and see a lawyer. Don't try to figure it out by yourself.



posted on Sep, 30 2019 @ 07:52 PM
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a reply to: edaced4

My mother-in-law had some outstanding debt. She died unexpectedly from breast medications. The stupid fricken collection agencies sent me nasty notices to my name for 3 years!!! I wasn't going to assume the debt. But man, they were aggressive making all kinds of false claims. Nothing ever happened from it and I never gave them any money.




edit on 30-9-2019 by dfnj2015 because: (no reason given)



posted on Sep, 30 2019 @ 08:09 PM
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originally posted by: dfnj2015
a reply to: edaced4

My mother-in-law had some outstanding debt. She died unexpectedly from breast medications. The stupid fricken collection agencies sent me nasty notices to my name for 3 years!!! I wasn't going to assume the debt. But man, they were aggressive making all kinds of false claims. Nothing ever happened from it and I never gave them any money.





They will do that, but it's all a fear tactic. No individual can be held responsible for another's personal debt. Even in the case of marriage, unless it's joint debt, the spouse can not be held responsible.

OP can hire an attorney, but unless the property is worth substantially more than is owed, it's likely just throwing away money.

Even if it's worth, for example, 20 thousand more, by the time someone pays legal fees, real estate commissions, taxes, etc, there is nothing left.



posted on Sep, 30 2019 @ 08:12 PM
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originally posted by: edaced4
Dad passed Friday night. It was peaceful. I have lived with him, in his house, for about two years, helping to take care of him. His health hasn't been that great, so I made that decision to come live with him. I and my two dogs have lived with him since then.

Come to find out, in recent days, he owes a lot of money on his house. Upwards of 90K. Apparently this house had been refinanced several times over the years.

Then come to find out that he owes IRS. Upwards of 90K. Apparently he filed but didn't pay...

So I know th IRS has been garninshing his pay (Pension and SS payments). But since he has passed those garnishments will stop (no income nothing to garnish...)

Do I have any recourse? I just live here. This has been my mailing address since I was 15 years old. Do I just pack up what I want and start over again?

I need some direction. From what I understand, the IRS can seize property. The only property that my dad owned is this house...


Sorry to hear about loss. Deaths often bring financial matters to the forefront and conversations that should have taken place earlier.

If there is a mortgage on the house, the bank will still be expecting payment. If you arent making payments they will initiate foreclosure proceedings. They wont do that though until your are at least 90 days late. Even then as others mentioned, it could be a year or longer before they try to take possession of the home. It depends on foreclosure laws in your state.

If you cant sell for what home is worth then it is the banks loss and let them deal with it.

If the home was willed to you or your are on title to property then this affects you. If not, the live on home save your money and dont lose any sleep over it. Ignore any debtor calls.



posted on Sep, 30 2019 @ 08:15 PM
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a reply to: edaced4

Sounds like you need to get all the information before making any decisions.
But if he owes more than the house is worth, I'd get all you can out of there and move on.
The creditors can't touch you.....



posted on Sep, 30 2019 @ 08:15 PM
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a reply to: TerryMcGuire


A clarification on one of this poster's points. Believe it or not, the last SS check that your dad received before his passing is supposed to be returned to the SS. The reason is that the check is mailed in advance of the coming month, not coming at the end of the prior month. Whether they will press the estate on that last check may depend.

My wife died before her first disability check totally five months was sent. The check came two weeks later and was auto-deposited in our joint account. Several months later the IRS wrote that they wanted ALL of the months total of checks (5) back. I tried to tell them in person that all they were due was the last month's check, but they would have none of the simple facts of it.

My credit union manager called in a panic saying that the IRS would take the money from their general funds if I did not return it. He was scared or a very good actor. So I sent SS a check. My local state representative's office did not respond to two pleas from me for help...and social security was supposedly one of her pet projects.

I eventually forgot about the matter, pissed but powerless. A bit over two years after her death a check came unannounced in the mail minus her last month's disability payment and lacking any interest on the over 5k amount they had kept from me.



posted on Sep, 30 2019 @ 08:16 PM
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Insurance policy ?



posted on Sep, 30 2019 @ 08:22 PM
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🌠a reply to: edaced4

I'm so sorry for your loss. I am happy for you that you were there with him when he passed (it sounds like). That peaceful passing will be a comfort to you in the weeks to come.

I don't know anything about the house stuff- I'm just popping on to say: let people take care of you right now. When someone asks if you need anything (food, an errand run, walking your dogs, etc), TELL THEM. People WANT to help, they just don't know what to do generally, so if they ask if there is anything they can do and there is, tell them. They will be SO happy to do it for you.

Let people bring you stuff, call people if you feel the pain is unbearable, and don't feel like you have to seem like you're put-together when people come by. You don't. People understand.

You'll be in my prayers.

Oh, and I think what GPB was saying to you in his post: he got a message for you, from God, and the message was "your dad is a hero." That will hopefully be comforting to you. 💞🙏🙏




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