So my Dad died a couple of years ago, leaving behind his house, a crumbling wreck worth way less than what he owed on it. He remained married to his estranged third wife - I think they had an “arrangement” so that she could continue collecting his Social Security check after he died. But never mind that.
Yesterday I got this correspondence from an attorney representing one of the sides in the matter of the bank trying to foreclose on his house. The first page also includes the names of his wife, her two adult children (Dad’s adult stepchildren), and my adult (biological) sister - I guess the ink-and-paper version of CCing on an email. The lawyer asked that I fill out this Affidavit of Heirship, then have it notarized and sent back.
I really don’t want to do this. a) I’d have to find a notary and pay them $10, and yes, it’s a trifling amount of money, but here’s the thing: I just don’t give a fuck. And b) on the extremely remote chance that there’s anything of value in Dad’s estate (there isn’t), wouldn’t it just go to his widow anyway?
I get that the lawyer is just trying to do her due diligence, as required by law, but am I facing legal/civil exposure if I just throw this in the trash?
For whatever it’s worth, the answer to the main question being asked in this paperwork is this: As far as I know, my dad fathered no other biological children besides myself and my sister. But I’m not willing to stake my life on that; he did have a bit of an issue keeping it in his pants. There’s a non-zero chance that I have one or more half-siblings wandering around Central Illinois.
Standard disclaimers apply. You are not my lawyer, I am not your client, this is not legal advice. Also, the attorney (and the house and the other “heirs”) are all in Illinois, I’m in Missouri. If it matters.
I don’t believe you are ever required to accept an inheritance. If you ignore it the lawyer will just move on. If no one does, it will become the property of the state, or in this case, default to the bank.
I doubt you’re required to do anything. But as you note, the lawyer is just doing her job. Why not send her an email stating you have no interest in the matter, and don’t feel any hardship? Thus, it would be improper to state under oath that you do. That’s more likely to be the end of it then throwing it away. Otherwise, they might keep trying, wondering if they reached you successfully the first time.
I agree that it might shortcut the process for the hard-working lawyer (and slightly reduce her billable hours) to know that you have received the affidavit but are not interested and therefore are not going to sign, notarize and return it, and maybe you could add that she should please not contact you in the future on this matter, if that is what you want to happen.
Not necessarily- in my state if someone dies without a will the spouse inherits the first $50,000 plus half of the balance. The children inherit everything else.
The “as far as I know” is your get-out-of-life-staking card.
If you have certain knowledge of names, dates, etc., and say “no” anyway that’s bad. If you have the vague expectation that Dad probably left a few surprises around the county, but with no greater specificity than that, well, “no” is the factually accurate answer.
Because you’re not answering a question about Dad’s behavior. You’re answering a question about your specific knowledge of Dad’s behavior. Different things.
As a general matter, it is possible to disclaim your portion of an inheritance. The specifics on whether and how will vary by state. Whether the estate is of negative or positive dollar value doesn’t change that. You don’t inherit Dad’s debts, but you do inherit Dad’s tar babies. If the logistical difficulties of jettisoning his house and land exceeds the dollar value to you, that would be a completely reasonable reason to disclaim the share that would otherwise be yours. And if you are friends with your sister who’s of a similar mindset, that’d be a reason to perhaps suggest she do the same.
If disclaiming sounds like an idea worth investigating, then IMO signing the declaration of heirship would be the exact opposite of what you want to do. I suggest you contact the lawyer or their assistant directly, ideally by phone, and talk about what you want your part of the outcome to be. They may or may not be able to make that happen on the estate’s dime, but they can get you started that way on the estate’s dime.
This doesn’t have to be expensive. They may be able to send you a replacement affidavit of disclaimer for you to sign and return at the cost of one postage stamp.
But even if not, consider the value of the hassle and heartache w 3rd wife avoided when evaluating how much you’re willing to spend to make this go away.
Ignoring this completely is almost certainly the wrong answer. in that case you’d probably still end up an heir & stuck with the tar baby.
Ow crap! I thought the letter came from an attorney representing the estate process for Dad. Not an attorney representing part of the foreclosure process.
Especially if that’s coming from somebody representing the bank or collection agency or similar you don’t want to be signing anything that might possible, conceivably, put you on the hook as a party responsible for the house or the debt.
“Dear Heirs: I was appointed by the Judge to act as Special Representative for your father, [His Name], in the pending [XXXX] County foreclosure of the property located at [location]. Would you assist me in locating any additional heirs to provide that information to the Judge? [blah blah legalese]”
The case is Wilmington Savings Fund Society, FSB v. [Her Name] as Special Representative for [Dad’s Name].
So I’m guessing she’s on my father’s side (or that of his estate/heirs)???
Yeah, I usually went to my credit union until one of my neighbors mentioned that she was a notary. She always did it for me for free, but I’d usually take her to lunch as a thank-you.
As long as no assets have been distributed, heirs aren’t responsible for paying estate debts (except, in some instances, spouses in community-property states). This request is from someone who’s getting paid - presumably from the estate - to complete probate. If you make things more difficult or drag them out, the net effect will be to increase the probate costs. If it’s possible that there might be some value left in the estate after debts are paid, refusing to cooperate with the lawyer may just erode that value.
I filled it out and sent it. I figured the attorney is doing a thankless job, and I, too, do an oft-thankless job, so I figured I’d put some good into the universe and make her day a little easier. They had a notary at my bank, didn’t charge a dime.
*The notary, to my great disappointment, notarized the affidavit with a stamp! I was looking forward to the cool effect generated by those older gizmos that affix the seal into the paper.
How the estate is distributed when there is not a will differs depending on which state you’re in. The estate is distributed according to your state’s Intestate Succession rules. Do a search for “yourstate Intestate Succession” and you’ll see what your state does. Sometimes it goes all to the spouse, but sometimes the spouse gets 50% and the children get the other 50%.
As part of the probate, the executor should put together an inventory of the estate which lists the assets and their value. If the only value is the house and you’re in a state where the children are supposed to get 50%, then the house should be sold and the proceeds distributed accordingly. If the bank forecloses, they’ll sell it and give any profits back to the estate, which would then be distributed to the heirs.
The bank is probably required to put all your dad’s heirs on notice of the foreclosure in case title has passed by operation of the will, deed or intestacy.
