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breeman

Claims against an estate

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breeman,

 

Thank you for your posts.  May I ask what the exact genesis of the debt is? It was for care for someones elderly mother?  Was this debt occurred while you were married or does it date back before your marriage?

 

-The FindLaw.com Team

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We already have a deal worked out with the brother. That's when we care. We want the house

 

That doesn't change anything.  You and your wife are free to buy out the brother's interest.  What happens with the estate isn't relevant.

 

Consult with a local attorney if you feel you need to do so.

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If we can stop the claim we will get a much better deal from the brother.

We should be able to stop the kind considering it was made after the legal six-month period as described by the Ohio revised code

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"We should be able to stop the kind [sic] considering it was made after the legal six-month period as described by the Ohio revised code"

That's a personal opinion about the law and the facts, though as I'll say below, you don't even relay info to indicate that the exceptions to the statute do not apply to the situation.  Your wife is free to pay a lawyer to file an appeal on behalf of the brother as an interested party.

"If we can stop the claim we will get a much better deal from the brother."

 

I'm as confused as gratified at this point on the minor topic of the motivation here and the fact that the brother indeed expects $$$ even if he "doesn't care about" the house. 

 

You also don't clear up the confusion about the person who is administrator or why that person having paid nursing home costs for a "mother" would have anything to do with a claim against the stepfather's estate (e.g., that the person loaned stepfather dough to make payments on your wife's deceased mother's nursing home care, payable out of the stepfather's assets after he died).

 

Personally, I'd be grateful if the estate administrator doesn't want to (out of pure pique or otherwise) muddy the waters and pursue your wife for 50% of fair market value rent that the estate could benefit from while probate is pending were it not due to your wife's occupancy.  (You don't say whether you lived with your wife's stepfather, or whether he moved into assisted living or such and was fine with your wife and her family having exclusive possession of the place, when he might've forced a partition sale if she refused to buy out his interest.)

 

You don't say how much money is involved, and that would be relevant to whether it's worthwhile to pursue an appeal of the court's decision. 

 

You also make it clear that as a matter of morality, you could care less that the person coughed up $$ which the stepfather was contractually or morally obligated to cover (and perhaps agreed to cover out of his post-death assets).  You want your wife (and yourself by default) to indirectly benefit from a technicality in the law without explaining any details to show whether the statutory exceptions to the rule you're griping about may apply. 

 

 

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He owes $70,000 to a nursing home for his mothers care.

About six years ago. My mother-in-law divorced her husband and had the house appraised at only $60,000 but passed away before he was able to pay her the $30k. My wife gained her half through a survivorship after she passed away.

There is also $8000 in back taxes because he apparently hasn't paid the taxes since she passed away. And $2500 in funeral costs. And I'm sure that their attorney isn't going through this trouble for free.

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We've been living here. He wasn't just her stepdad. He never had children of his own. About gone I get the ****ing room clean yeah I know that you don't theaters know that was a lot of new whatever they want family of his own. He didn't treat our children as grandchildren. He Treated them as if they were his own. We were family. And the law can't change that.

Regardless of that people benefit by technicalities of the law every day

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"He owes $70,000 to a nursing home for his mothers care."

At some point, you'll perhaps tell us who "he" is and confirm whether my earlier conclusion is correct.  :)

"There is also $8000 in back taxes because he apparently hasn't paid the taxes since she passed away."

Again, don't know who "he" is in this sentence, esp. on the heels of the previous "he" comment.  The stepfather?

I don't see a court denying "[him]" (whomever "he" is) a claim against the estate for money fronted for funeral costs of the stepfather (presumed).

 

No one has any hope of challenging estate-related expenses such as estate attorney (and that includes any fees the estate has to expend fighting off nonsensical challenges to claims against the estate).

 

"And I'm sure that their attorney isn't going through this trouble for free."

 

And now we have a mention of "their" attorney, which implies more than one person.

 

"We've been living here."

You already (belatedly) established this; not sure why circling back around to say again.

"He wasn't just her stepdad."

Yeah, well, remember, you're the only person from whom we're gathering information.  :)

 

"About gone I get the ****ing room clean yeah I know that you don't theaters know that was a lot of new whatever they want family of his own. He didn't treat our children as grandchildren. He Treated them as if they were his own. We were family. And the law can't change that."

 

I've no idea what this paragraph is responding to or attempting to relay. 

 

*  *  *

 

As for any notion that anyone's been disrespectful but for the original poster, it's worth pointing out when a poster is being (repeatedly) disrespectful and inconsiderate of the amount of time others spend reading and attempting to provide information and useful feedback, esp. where (more than one person) has gone above and beyond attempting to extract relevant information.  Rebukes here are deserved, but not rebuke of me.

 

"We" are (as in I am) done with the thread.  :)
 

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The attorney you consulted is not competent.  I presume based on piece meal dissemination of information that your mother-in-law's estate may never in fact have administered.  This conclusion is based on the reference to the creditor making a claim relating to nursing home care for a MOTHER (your wife's?) v. the stepfather.  There is still quite a lot of relevant information you've not bothered to relay and, I agree with harrylime, your refusal or inability to communicate property has ensured you've worn out the welcome.

 

You acknowledge that there is a lot of information missing and that what we do have is garbled. So how in the world can you make a reasonable conclusion that the attorney was not competent. There is not nearly enough here to be able to make that kind of judgment. You’ve been around here long enough to know better. 

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Judge denied the claim against the estate because it was not filed within the 6 month after date of death time limit as outlined in the Ohio revised code

 

What happened to?

 

We went to court a couple days ago where the judge ruled that the claim was valid. 

 

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