My estranged dad died. Need advice...

mikeofaustin

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I never knew my father, so don't worry about being politically correct while speaking about my deceased 'loved one'. But, I need some good advice when dealing with this.

1). He had no other family. Just me. His wife passed about 2.5 years ago. He lives in Riverside CA, and I'm in Austin, TX.
2). His late wifes family has offered to take care of the remains and the burial so that part is out of the way.
3). His house!!! I'm not even sure where to start. How do I find out who the mortgage company is? How do I determine if he has a second or even third mortgages? Perhaps a credit report? or do I need to fly out there to dig through his mail for clues?
4). I'm guessing I need to contact the mortgage company and see whats left on the loan? Do I need to sell it immediately to satisfy the remaining loan or, does the mortgage company foreclose immediately? How do I go about selling the house and retaining the equity with as little legal headaches as possible?
5). He had actually committed suicide (medicine overdose). He said in his final farewell that he couldn't find a job and was living off of credit cards that were maxed out. He was broke. I'm guessing it would be in my best interest to sell the house as soon as possible to keep those credit card lenders from placing leans on the house?
6). What about the belongings in the house? Does goodwill come and get this stuff on my request?
7). His vehicle is in the shop. I'm assuming that before I sell it, I need to transfer ownership into my name? or do I just sell it along with a copy of the death certificate?
8). The rental car is in the garage. I'm guessing they'll just come get it?

Thanks in advance.
 

diggemall

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His wife's kids (if any) may also have some claim to his estate (assuming they were still married when she passed away)

You probably need to get a probate lawyer, although, unless there is substantial value to either the equity in the home, the contents of the home, or both, the costs of probate could eat up what there is, so an assessment of worth is in order...........


Not an easy spot to be in

Best of luck

Diggem'
 

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mikeofaustin

mikeofaustin

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Diggemall said:
His wife's kids (if any) may also have some claim to his estate (assuming they were still married when she passed awa

Nope, I'm the only one. The only thing of potential value is the equity in the home. However, I'm not sure how much was still owed. I'll call around tomorrow to see if realestate agents have this information at hand.
 

mrs.oroblanco

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You can continue to pay the mortgage while you are getting affairs in order - this way - the mortgage company won't "take it off your hands".
(same with insurance and taxes).

I'm assuming he died intestate? (without a will)?

If you want to PM me or email me - I can walk through some of this with you.

B
 

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mikeofaustin

mikeofaustin

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mrs.oroblanco said:
You can continue to pay the mortgage while you are getting affairs in order - this way - the mortgage company won't "take it off your hands".
(same with insurance and taxes).

I'm assuming he died intestate? (without a will)?

If you want to PM me or email me - I can walk through some of this with you.

B

Yes, he left without a will.

So, hypothetical situation, if I didn't have enough to pay another mortage on another home... would the mortgage company 'take it off my hands' and try to get a reasonable price for it? or will they list at a price just to satisfy the loan? I guess in other words, would it be fair to say that they are NOT on my side. ...so, perhaps it would be beneficial for me to somehow pay the mortgage until it's sold. ...or, find out if there's any equity on it, and if not, release it to the county to deal with. ?
 

stoney56

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I know it's a lousy way to start out the New Year-please accept my sympathies during this ordeal. Been through a similar deal with my father in law, not suicide but no will and in Colo. Wife was sole heir. PM sent.
 

djui5

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First off sorry for your loss. Even though you weren't close I'm sure the situation is still saddening.

Couple of thoughts. Get the rental car back ASAP!! They will charge for every day it sits in his garage. Find out who the house mortgage is through. You should be able to find that with a credit report or by calling a Real Estate agent.

About the CC's and such. Upon death any creditors have 30 days to apply for payoff of any loans/debts/credits to the estate of the deceased. After 30 days they have to pound sand. This could work in your favor if any of them happen to not notice he passed away. As for the house get a RE agent and sell it yourself! This is a horrible time in the real estate market (in most places) and the bank will just wholesale it. That might not even cover what is owed (especially if he took out multiple mortgages) and you'll be footing the bill.

The shop that has the car will sell the car for whatever they can get if you don't pay for the repairs and sell it yourself. They usually just ask for whatever is owed on the repairs, so if he had a $1,500 bill someone is getting a car for $1,500 regardless of it's worth. You might wanna see if you can pay the shop and sell it yourself if it's worth anything. Every bit of extra money will help in times like these.

Did he have anything of value in the house? Furniture, etc? If so there are places that will consign those kinda things. All you have to do is drop it off and work out a price. Easy enough. I'm not sure if Goodwill will pick up items from a house but they might, so call one and ask. Explain the situation.

I realize your in TX but you're probably gonna have to take a few days and go to Cali to sort this out. Doing it remotely is possible but complicated. Also if you just abandon his estate the state of Cali will take over everything. I'm not sure how that works with debts/mortgages, etc.
 

Arizona Bob

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The first place I would check is the Riverside County Assessors Office: http://riverside.asrclkrec.com/

You can search for the assessed value of your father's house by using either his name or his address.

You can see if he was late in paying his property taxes. You can see the year he purchased the house- and the original cost.

You can see if he added any upgrades to the home (rooms, pool, etc). You might be able to see lienholders.

You can't see who the mortgage owner is (the bank holding the mortgage).

My suspicion is that if your dad was already living off his credit cards, he either already used-up his equity or his equity was devalued as a part of the ongoing mortgage crisis.

Call the car rental company. For an extra fee, some companies will send someone out and get the car.

Without a will, his estate will most likely go thru probate. If there is any money left over, bills are usually paid from this.

Good luck!
 

DANGLANGLEY

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I know you never knew him but it still has to be a rough thing to go through. I don't have any advice for you but I wish you the best during this difficult time. Hang in there buddy.

DANGLANGLEY
 

trikikiwi

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Mike, my sympathy for your current predicament. I'm sure mrs.oroblanco will be helping you, as I write :thumbsup:

Mike
 

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