My brother died intestate, insolvent, I'm the only family member that would be the administrator. He owes many times more money than he has. He owes the IRS about triple of his assets alone. Basically I'm selling it for the IRS. Our county probate court, and my attorney, are the most incompetent, dysfunctional morons I've ever tried to deal with. I have had a buyer lined up for his car since April 2nd. They just throw up roadblock after roadblock, every week, literally, they need a new form filled out for the sale. My attorney told me yesterday that everything was okay and that I could proceed with the sale. I drove 2 hours to the bank of the buyer to sign over the title and finally get this car out of my driveway. After the loan officer looks over all the forms and documents she asks, where is the application to transfer the title document? Of course my attorney didn't realize that I needed this. To rub salt in the wound our county probate doesn't have a full time judge, he quit, the judge sitting in won't be back in court until next Tuesday, they only have a judge 1 day a week. So I have to wait another week. I told my attorney that if I lose the sale because the buyer is tired of waiting I will refuse to continue as the admin. I have, no exaggeration, 300 emails and texts trying to get this freaking car sold.

Earlier in the week my girlfriend just returned from Northern Ohio because she had to go help clean out her moms house and also meet with the lawyer and Probate.

She said it was nothing but incompetence.
She was just raged out.

Bow out of being administrator and let the court deal with it.

incompetence at $125/hour.

Why are you trying to help the IRS?

Walk away and let the car rot.

Don't care about the IRS.
I've got close to $7,000 in burial costs and have not gotten the head stone yet. If I can raise enough assets I might be able to get these costs back. After the lawyers get paid of course. The IRS will get what's remaining.

What a hassle. Glad it is not me.

Why even deal with it at all if your brother was insolvent?

quote:

Originally posted by jimmy123x:
Why even deal with it at all if your brother was insolvent?

Jesus, Jimmy.

My sympathies for your Brothers passing.

Wow.

Sorry about your brother.

Here in Maryland, each county has multiple, elected "Orphans' Court" judges who basically sit as magistrates in our Circuit Courts and handle probate matters (until/unless they need to be referred to the actual Circuit Court bench).

You wouldn't be having those problems here.

Best of luck to you!

-Rob

My father in law is 84 years old, no debts and probably $500k in assets. No will. We've begged him to go to a lawyer and get something done, but he's not in any rush.
My mother and father both are in their late 70's, both in bad health, and they refuse to get a will made out also. They don't have much in the way of assets, but they have a little real estate that may be enough to pay off their debts.
I dread it when the day comes.

quote:

Originally posted by jimmy123x:
Why even deal with it at all if your brother was insolvent?

Jimmy, for the next 60 days, I want you to comment on gun-related topics only. If it's not a gun-related topic, refrain from posting. If you have no interest in discussing firearms, then I guess you'll need to be quiet for the next 60 days.

I'm not placing you on Moderated Status. You're going to take the responsibiity and do this yourself, and do it you will.

It's one thing to be in a face-to-face conversation in which you blurt out something you shouldn't have, but in this environemnt, you have the opportunity to compose your response and contemplate it before posting. And yet, I still see this crass shit from you on this page.

60 days

Sorry for your loss.

Being the admin for my brothers estate is like a part time job. Seems I still do part of the work for the attorney I'm paying to do it.

Sorry for the loss of your brother. Sounds like it was a tough road for him and, I suspect, you on the way there.

I've been in a similar situation with a relative in the past where all I was doing was helping all the creditors figure out what their avenue was for foreclosure, sale, etc. on very few and minor assets in a very upside-down estate.

In retrospect I wish I had never embroiled myself in that as the onslaught of demands on time and money became relentless in spite of none of the liability being mine. I had attorneys, banks, credit cards, utilities, local, state and fed taxing authorities, all on my ass for years after. Ultimately two moves and phone number changes are the only reason this has let up. Didn't move because of this of course, but it was an unexpected side-benefit.

If you had a way to unwind yourself as the administrator or any other role in the "estate" function I would. Hopefully I'm saying this in a much more compassionate way than others, for it's what I'd recommend to my past self or a sibling if I could. For others reading this I would recommend simply leaving the car in the garage, keys on the counter an walking away. You're trying to unravel a multi year problem not of your making or responsibility, will get no thanks and many headaches from it. I'd also not expect to be reimbursed for any funeral expenses and would take the least expensive pathway there as well.

Best of luck to the OP, and my recommendation would be the same as I wish I'd gotten - extract yourself as best you can given the actions you've already taken.

If your brother was that much underwater, I wouldn't throw any more money at this by paying lawyers.
I believe many states put final expense costs in front of the regular creditors. Put in a claim with the court for the expenses you are trying to recover than monitor the situation in the legal section of the newspaper they use.

This message has been edited. Last edited by: 220-9er,

quote:

Originally posted by Graniteguy:
Why are you trying to help the IRS?

Walk away and let the car rot.

This. Drop the car off at the court house/Walmart/side of the road.

Move on with your life.

For future reference, most county medical examiners will cremate a body for like $200. What do you think they do with all the unclaimed bodies? The mortuary business is big (unneeded) business, with big expenses and big charges. Screw them.

Sorry for your loss, this situation is more common than some would think.

If you have already probated the estate you can't take this route I'm listing below.

We deal with this situation all the time, if your brother died intestate in Ohio and the value of all his assets is $35,000 or less, in the state of Ohio you do not have to go through the probate process with an attorney.

Go to the clerk of the probate court, ask them for the forms to issue and order to release the estate from administration, the probate judge can sign this appointing whomever applies to act in the best interest of the deceased to dispose of assets and pay any bills without the assistance of an attorney.



http://codes.ohio.gov/orc/2113

Normally we do this when trying to get a carrier to release payment for funeral expenses when there is no beneficiary or the beneficiary is the estate and there is nothing to probate but the insurance.

http://codes.ohio.gov/orc/2106.20

Ohio law also dictates that the spouse or person responsible for the final expenses shall be reimbursed ahead of all creditors, all states have this law, otherwise the state would end up paying for all indigent funerals out of state funds.

If the only asset is the car, and its value won't cover the funeral bill, it's a time vs value decision, the attorney isn't getting paid until the funeral bill is paid.

If the funeral home was nuts enough to take a claim against the estate for payment then walk away and let them file the claim for payment.

Otherwise the only thing you stand to gain is to get your money back from the car sale for the funeral expenses I agree with your comment to the attorney, walk away and let the attorney deal with it...

I'm not an attorney, so I'll probably be admonished for this advice, it is on the web, but it is valid.

You are a good person for working through your brothers issues. We learned so many lessons regarding wills, ownership and probate when my MIL died. Now we make sure at least one person in the family is listed on parents bank accounts, car, house, etc. We also make sure that the will is simple. My MILs will specified who got what and it was a pain going through each item and proving to a judge that everybody got what the will said they would get. I am sure if she knew what a pain it would be she would have noted it on a document other than the will.

quote:

Originally posted by 08 Cayenne:
Don't care about the IRS.
I've got close to $7,000 in burial costs and have not gotten the head stone yet. If I can raise enough assets I might be able to get these costs back. After the lawyers get paid of course. The IRS will get what's remaining.

Truly sorry for your loss and applaud you for doing one final thing for your brother.