Follow
Share

My husband & I lived with and took care of my mother for 13 years. I had to quit my job because received no help from siblings. We were suppose to receive the house. Back taxes were due and my sister took one of my mother's annuities out before mother passed per her wishes to pay back taxes & pre pay funeral costs but she passed away before the check was cashed. Now they are saying we need to pay back taxes and actually sent an eviction notice. They said why should their money pay the back taxes if we were getting the house. Also my sister lied to my mother and I and took out the whole $53,000 dollar annuity and told us only took out $20,000. I never would have found out had she had been able to cash the check. Anyway can I file for wages of 24 hour a day caregiving and how many years back can I file and or sue for?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
She had a Will but it had not been updated since before my father passed away in 1978. It lists one or both of my sister's as Executors they are 20 yrs older. I had two brothers but one passed away.
Helpful Answer (1)
Report

My aunt filed a claim against my grandmother's estate for care giving services. She was awarded $10,000 (back in 1996) for her limited care giving even though she did not have any care giving contract and never lived with my grandmother. You can always try and see what the probate judge rules.
Helpful Answer (2)
Report

Follow Igloo's advice. I also was an executor at least twice. I just want to add that if the Annuity has a beneficery, and since it was never cashed out. The value of that goes to the beneficiery and will not count as part of the estate subject to probate. However an Annuity, even if inherited, may still have taxes attached if the beneficiery cashes it outright. That info can be obtained by the financial advisor so that some can be with held. However the advisor may not talk to you unless the probate letter of tesimony is sent to them.

Taxes may be paid off with the sale of the house, but depending on which state, taxes sometimes are required up front. I had to fullfill this little problem but reimbursed after the house sale.
Helpful Answer (1)
Report
igloo572 Jul 25, 2020
Yes, yes! on beneficiary unless annuity has the estate as the beneficiary. Most annuities don’t ever do this. But life insurance policies can for beneficiary; my dads life insurance policy did as policy was done in 1950’s when it still was a given that the wee lil widow couldn’t possibly handle $ so it went to the “estate” and not the “widow”. Totally Crazy, right? Kinda like calling women “suburban housewives” nowadays.

Here’s my experience with unpaid taxes, if the property buyer is getting a mortgage that’s not FHA, the lender or buyer (like for conventional or private experienced investor) is going to require all encumbrance on the property either be paid off before Act of Sale or there is a agreement in the act of sale document as to terms on paying off the encumbrance in full before title issued. The Act of Sale can happen with $ placed into an escrow type of account (held by real estate atty or title co.) and until all clears does the title actually get issued& $ move. Like allow extra 10 days & all sits in limbo between title company and lender. Realtors not going to like this as risk run that 10 days and a clusterF on insurance. So Realtors gonna want taxes paid ahead of Act of Sale, will try to coerce if need be. Buyer can ask (or demand otherwise deal is killed) for concessions cause it’s their $ that’s in limbo due to owner / heir not being current on taxes. Concessions like price reduced by a set % for every day over the initial 10 days. If heirs squabble for weeks, its ok as is going to mean a big reduction in price paid. If heirs try to get out of it, the buyer slaps an opportunity lost type of lien on the property. That Lien will queer any future deals. There’s a whole subterranean group of real estate investors who do these type of deals exclusively. These are NOT the we buy ugly houses type of low level “investors” but more ones who own lots of property in a specific neighborhood. A more savvy elegant ruthlessness.
(1)
Report
Imho way too late to successfully get paid for a bill for caregiving. There would have needed to be a legit (notarized & witnessed) agreement or memo of understanding done btw you & mom done ages ago. Should probate get opened, you can file a “bill” as a debt against her estate, but has to follow requirements & formatting for your states probate laws. People & businesses file debts against an estate all the time, but do NOT necessarily get paid; it’s going to depend on what estate has as assets and how claims dealt with per state law.

So what to do, to me depends on:
-Did mom have a will and in the will who did she name as executor? If so, has whomever named executor actually filed the will in Probate court and gotten “Letters Testamentary” naming themselves as executor and the type of administration (for moms estate)? In the will are you named sole heir or beneficiary of the home?
OR
-Did mom die “intestate” aka without a will? If it’s this, are there other siblings besides you & Sissy? Did dad or mom have other children outside of their marriage as well (even if these kids are dead)?
-Your mom died owning her home, just in her name, right? What value was it on her last tax assessor bill?
-Outside of delinquent property taxes, did she have other debt on the house..... like a mortgage, utility bills, any unpaid repairs?
-Was property tax delinquency more than for 3 full tax cycles? By this, I mean was it 4 sequential annual tax bills that were not paid.
-Other than the 54k annuity (this $ still there as mom died before check could get cashed, right?), what other assets did mom die having? .... like balance in her bank accounts.?.... did she have a life insurance policy that had her estate as its beneficiary?...or did she have a car?
-Was mom on Medicaid? Not MediCARE but Medicaid.

to me, the answers to the above will decide what your next steps probably need to be, who you will need to help you get thru this and how soon you (your attorney) need to move on filing at the courthouse. I’ve been an executor x3 & have bought property at tax sales & hubs has had to deal with intestate death, & in my experience things like this can be dealt with but imho you have to get a bead on just what your moms estate is likely to be to see what type of legal you need to get you thru this and (perhaps sadly) if it’s even worthwhile.

As an aside, property tax stuff is not something to be ignored. The delinquency on taxes can be super costly.... interest can be in the 25- 30% range in some places; AND if taxes weren’t being paid attention to then the annual assessment could also have gotten overlooked as well. So the assessed value could be quite high and not be accurate but if it wasn’t challenged year of assessment, the value gets placed & tax bill reflects this. If this went on for a couple of years, tax assessor placed value could be way way higher than reality, but that didn’t matter as mom had taxes frozen due to elderly w/homestead exemption. But now it will matter. If you have the old tax bills, you should review to see if this happened. If it did, I can understand why Sissy was some kinda pissed off upset.
Also As your mom has died, any owner homestead exemption on the property has stopped so the next tax bill will be significantly bigger and likely will get retro’d back to month of death. Tax bills usually go out Oct / Nov for January in full payment. Y’all have to be prepared to pay this bill. Could be way way higher $$$$. Nothing can happen on house - like to sell or transfer ownership- unless taxes are current.
Helpful Answer (0)
Report

No you can't.

Your mother's wishes were to use this annuity lump sum to pay her back taxes and plan her funeral. Ensure that those wishes are carried out, as far as it's in your power to do so.

Do I understand correctly that your mother did not make a will?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter