If there is no probate will I get the questionare I have been expecting from MERP?

Follow
Share

Mom passed away 10/23/2015. We had an Elder care attorney and his staff get Mom Medicaid eligable in 2013 when she entered Nursing Home. Spent down her cash on her Mortgage. He put her home in a Ladybird Trust. Nothing is left. No reason to probate her will. I was under the impression I would be getting letter from MERP within 7 to 10 days following her death inquiring as to whether there was an estate. No letter. Have contacted attorneys office about executing the Ladybird Trust. So...my question is if there is no probate will I get the questionare I have been expecting from MERP?

This question has been closed for answers. Ask a New Question.
19

Answers

Show:
Thanks Again. Headed to Attorneys office 2:45 to handle this document. It is in fact "Affavit of Death" and pick up original "Ladybird" document I dropped off last week. Mom was dual City/County Retiree and Sis an I are cobenificiaries to both those Death Benefits. Have already handled all paperwork concerning those with no snags. So all seems to be going pretty smooth all things considered. Will update as listing the home, Title Search and closing unfold and any snags we might encounter. There are no assets/debts other than those regarding the house.
Helpful Answer (0)
Report

Oh also the AoD is usually filed if they die intestate and there is real property or assets that need to transfer via a lineal heirship process.
Helpful Answer (0)
Report

Ok the Affadavit of Death needs to be filed at the courthouse IF there is going to be a transfer of real property due to death AND there is no probate being opened. That's my understanding of it. It needs to be done by a disinterested 3rd party who has no gain (so you & Sissy can't do it but your attorney can file). Since you all have a LBD, you all should be totally bypassing probate and any judges orders coming out of probate, so the AOD satisfies the requirement to prove death. Comprende?

The AoD should be a set printed document with standard stuff in in. I think each county can do their own little version in TX.

You should make sure that mom has absolutely no assets that would require probate to be opened. The house should be covered by the LBD. The usual clusterF for an asset is when they have an old, old life insurance policy that names themselves (as their estate) as the beneficiary, so even though a trust & a LBD & whatever else was done to bypass probate, the old insurance surfaces so probate has to be done. Life insurance with their estate as beneficiary was a trend in the 1970's- my dad had one.
Helpful Answer (0)
Report

This isnt an update but mentioned at attorneys office. I took attorney original Ladybird document, and Moms death certificate. He said okay we have everything. He said we will get documents typed up, you will come in and sign Affadavit of Death then we will file everything at court house. I asked couple questions about MERP. He said hes not expecting any problems with them but if that comes up the will handle getting them to release claim should they pursue that. Dont ask me why but this morning my brain put forth the question "why do I need to sign an affadavit of Death"? I am assuming its a legal issue due to the fact a Will wont be probated. But now just wondering if affadavit serves some other purpose. Fixing to research it. I did call my sister and my husband to let them both know this just clicked in my brain this morning and I dont know why its needed and if it will cause any problems, delays,etc. Contacted them simply because they both have a stake in this mess and LEGALLY this is not my responsibility to make indepedant decisions on since my POA expired with Moms death. If anyone knows and can explain Affadavit of Death I will add that to my research. Of course I will ask for it to be explained to me before I sign it. But I need to completely understand it before I sign it.
Helpful Answer (0)
Report

Interesting, I too just learned firsthand about the Vacant dwelling policy. My parents home is for sale (finally!!!) and now the homeowner's insurance says they will give it 60 days to sell....after that, I have to find new insurance. What?! I had never heard of such a way of doing things! So I asked them, could I move in there temporarily and then continue the policy? Well, no, it doesn't work that way, because then I would need....(drumroll)....Rental Unit insurance. Honestly.
Helpful Answer (0)
Report

Calls made back and forth to agent. Meeting her there at 1pm. She's gonna rewrite policy take pics etc and I sign. Anyway...thanks so much for the heads up. She mulled over a couple different ways to write policy and landed on one that if house burned funds wouldnt create an estate situation keep her legal, me legal,etc. As far as me or my sister using house as primary residence...house is being organized by a estate sale lady for a sale in December. I had to rekey house and outbuildings in August. Sister is a hot mess and I dont mean that in a good way! Bearing no financial responsibility or the grunt work she would take her friends over there and enjoy drinking (drug?) parties. She was in and out all the time jacking with thermostat, removing tools and selling them for drugs. It became a liabilty issue on top of the fact she was enjoying a nice house and beautiful yard and deck thanks to me and a 20yr old John Deere mower. Anyway attorney knew her story Mother told him years ago. I called him and he said "change the damn locks". That started WWIII. She didnt talk to me for a few weeks until she wanted the washer and dryer. Gave it to her and things have been civil since. Another concern was her husband would throw her out and she would squat there. Uggghhh. Know my POA invalid now that Moms passed so I am just coasting. She says she trusts me 100%. And she should I have handled illnesses and deaths of Dad, Stepdad, and Grandmother in less than 5yrs. Now Mom while she has been in bed with covers pulled over her head hungover, dope sick, depressed, whatever. Sorry to go off on a rant but the house will be her primary residence over my dead body regarless of her circumstance. I live about 30 mins out of town and plan to stay where I am. All she wants is her money and knows we have to get thru sale, get clear of MERP then sale the house and she cant wrap her fried brain on how to get that all done so she is kinda at my mercy in that regard. Thats really the reason I want to be done with all this so I can be done with Sister. Sorry for rant but maybe it will keep me from running and screaming into the night. Just kidding. Uggghhh
Helpful Answer (1)
Report

Lizzy, It should actually be less premium if you are living there and the policy is in your name. Call the agent.
Helpful Answer (0)
Report

OMG...got a sympathy card from Insur agent but never thought about coverage etc. Agent knew circumstances concerning house and I was paying premium. Recently bumped up liability because sis and I were going to have a sale . We thought it would be easier before Mom passed. Well...Mom beat us to the punch. Agent was carrying home as a second home type thing. Someone needed to spend time there couple times a month. Told her I was there couple days a week doing yard work. She said that would work. Need to reread your post. I saw VPD. I know that doesnt stand for Victoria Police Dept. Please explain. I attempted to reply to the couple of folks who sent private messages. Very new to this site. Let me know if you didnt get my replies. Need to call Insur Agent NOW!
Helpful Answer (1)
Report

Lizzy - you mentioned paying insurance on your moms house.....is this a Vacant Dwelling Policy (basically a fire policy) or moms old homeowners policy? Now that your moms dead, the homeowners policy becomes invalid. Insurance co can carry it to the end of the current policy period if the policy is already paid in full but do not have to.

VDP usually will be issued by a independent insurance agent. The guy I used actually had to take photos of property to get it placed. Also I had no lapse of policy from moms old State Farm homeowners to the VDP. The Allstates, USAA, State Farms don't do VDPs. Based on quotes I got on my moms house, all start @ 100k coverage so property needs to be of at least that value (or close to it) to get one written & will run 1K/2K for 6mos/1yr for minimal fire coverage. The independent agent asked for most current tax assessor statement to verify. Most VDP are written for under construction properties or for 2nd/3rd homes, so a low value home in a more marginal area may not be able to get a carrier as easy as a 300k house. Comprende? If people will be going through the house (like its on the market or workers doing construction or repairs), you'll need to make sure there is a rider attached to cover that.

Really you need to make sure that you have a valid house policy in force. I don't know how much $ (or $$$$) you & hubs have fronted on the house but you don't want to see it all go up in flames with no insurance.

Also has your atty mentioned putting the property in the name of a trust or an LLC? Rather than in the name of you & your Sister?

Even when you get the LBD done & property transferred to you (& sisters) name, you probably will need a VDP unless one of you is going to be able to legally make it your primary residence. Yeah, I know, even after death you still need to keep that checkbook open........
Helpful Answer (1)
Report

Just read the STARGAZER article. Actually I think I have read it before or something very similar. Have read everything available when waves of doubt wash over me concerning this Ladybird Loophole during the last 3 years. When I refer to selling the house ASAP there is no pressing need. I wanted to sell it and use funds for Moms care from the beginning. Attorney said financially that wasnt the right decision. Hubby thought as long as we could recoup money we put into home by our own claim if things went wrong it was a wise gamble. My sister was all for it simply because she had nothing to loose. Sister not able to help financially and quickly flaked with the yard work,etc. Home quickly became MY work and worry. Home is just a 5yr headache that I want to go away . Spoke briefly to Real Estate Agent friend that will handle the sale when it eventually happens and knows all the details after my meeting with attorney. Real Estate Agent suggested after we think all things settled with MERP to "OPEN UP THE TITLE" I think he meant or I understood have a title search done before we list home. I did print a form a couple months ago from I think the DADS website. It is a "Authorization and MERP Certification". Someone told me I might need it.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.