Maybe a stupid question, but can’t you authorize a lawyer with power of attorney for an action like selling the house? (Should not be horribly expensive?) Is “in person” necessary?
My eldest brother is the executor. The psycho with guns recently sent me an email taunting me regarding my past drinking habits (guilty) and mental illness (I don’t think so - I’ve not threatened to kill any of my brothers) and how he’s glad my mother has died and will buy a boat and name it “Erin go Bragh” (Ireland forever - though not sure if he knows that) and he pasted some googled Gaelic curse phrase that I only wish I asked him if he had any idea how to pronounce.
Somehow (stealing my mom’s mail, googling me) he knows about my issues with Chase Bank which I will try to make good on. Now of course it’s imperative to have at least a deal as clearly he and his psycho family would only like to get me into legal trouble.
I replied - quite truthfully - I’ve had dark premonitions about encountering him. (Or call them nightmares - though I didn’t say that). I reckon that rules out any defense of what might happen and my life/freedom is forfeit as we’re not in 12th century England. So I’ll just try and avoid him when I do go, and call the police with “shots fired!” if he comes close.
It is necessary to clear out the house and oversee professional cleaners - neither of which he or the other psycho-in-laws have any plans of doing if it’s not pilfering the house for valuables. So for the moment, he’s put the kibosh on my returning to the house which in no way serves his wish to buy a boat - which again may have just been taunting.
ETA: Are there people who I might describe as “professional garage sellers”. I mean, I wouldn’t mind a job where I go to someone’s house and sell off anything of value for 50% of the proceeds - even more I suppose if they can Freecycle and/or oversee professional cleaners? My brother and niece both live in Queens and Brooklyn respective and cannot really do the sort of thing that I might have been able to do. If there are such people, what are they called? I know another option is something like wegotjunk.com yet there are some good tools and things (and stuff to give away) that might be a lot cheaper than calling someone to cart stuff off.
Absolutely yes. There are tons of them. I used a company like this. Do some googling
Estate clearance
Estate sales
Interview several. They will want to see the property to estimate whether it is worth their while.
If you decide you just want to clear the place out, there are companies that do that. I’ve used a couple.
Cool, thanks. It was my brother who mentioned the (dunno if it’s real) we got junk .com who I reckon would find it attractive to gather up the non-pilfered remains of the house and cart it off, and even though stuff like the tools and what was described to me as “fine china” though psycho-sister-in-law hasn’t taken it and really as far as I’m concerned, if the house can be cleared and professionally cleaned (bathrooms, carpets, kitchen & oven) in exchange for what some stuff is worth, then terrific.
My brother told me he found the (rather expensive double-breasted suit) I bought in 2000 for my father’s funeral and only recall later wearing to my wedding 11 years later, and motorcycle jacket and Mornington Island hunting boomerang I bought when I lived in Melbourne in 1990, I am good.
I did (jokingly) ask if he could dispense of my resin bowling balls through the windshield of psycho, as I wouldn’t know what to do with them here and they’re 18 pounders probably worth something.
He found camera stuff that clearly sounded to me like a telephoto lens which I’d have thought he would recognize (like if they had 31mm written on them) yet I didn’t even take my 35mm Minolta with me.
He has not yet found my Celestron telescope in a 42nd street photo hard plastic camera bag. It’s gone to eclipses in Hawaii and Bucharest yet I want that to go to some Astro society or a school.
Yet the house has to be cleared and cleaned to get the best price for it.
When my parents were off in a home and the house needed to be cleaned out my nephew called 1-800-got-junk. (NJ). Which says something about the house contents - your lifetime of treasures has little value in real life. But they didn’t do a clean-out; they just showed up to carry out stuff he’d crounded up.
I was visiting there and eneded up cleaning the refrigerator (his wife was grateful, it was such she did not want to touch it.) Found:large collection of photos (and negatives) to scan when I got home; about $2,000 stashed here and there; 4 Krugerrands; a letter personally signed by Teddy Roosevelt, with envelope - my nephew has that memento of his great-grandfather; Someone (niece?) took a fairly large Inuit soapstone carivng. Neighbour took a set of Wedgewood china off their hands. I’m impressed my nephew managed to unload a grand piano for money. Pianos are almost impossible to sell, it seems. We collected more personal material -bsnk records etc. going back decades - for disposal.
Some stuff is valuable, some will get money if you are persistent. Most is recycle. Apparently, unless they are genre (mystery, Sci-fi) hardcover books especially former best-sellers are worthless.
Exactly this. A good friend of mine ran an estate-sale company for about 15 years; she spent every Saturday holding a sale of someone’s deceased parents’ household stuff: furniture, decorations, clothing, tools, etc.
Cool! And thanks. I can’t really call one tonight (I realize it’s only 3PM in New York) as I’ll need to coordinate with Brother or Niece about house access.
I have reached a verbal agreement with Chase - primarily because I’m a good guy and not a deadbeat - but so I can return to my Mother’s house in the near future and not have psycho family trying to get me in legal trouble which they will absolutely do.
Just spoke to oldest brother/executor. He will speak with a real estate person tomorrow.
I can do a week, or possibly two in New York doing IT remotely stuff on a mini-computer or a 10 year old mac.
My question for the masses here is: Do I need to be present for the actual closing of the sale of the house? Should I go, is there anything I can do to pre-sign or whatever with the estate lawyer? I reckon house sale money goes into escrow and my hope/assumption is that I can eSign the sale stuff and funds can go to my USA bank or to my UK bank? I’ve turned that into a question.
I probably cannot be there to get the house in sell able condition and remain there for the sale & closing.
A good question for the real estate person to whom your brother is talking. The answer may vary by state: here in Illinois, when we bought our house, the seller didn’t show up at the closing*, and apparently didn’t need to; his lawyer was there, and handled any signing which was needed.
*- After the closing, we learned, from our real estate agent, that the seller was still moving things out, and sweeping the house, during the closing.
If your name isn’t on the deed, then you shouldn’t need to be there at the closing. If this is the typical case of Mom being the only name on the deed, then the executor will act as her representative and close the sale. The executor will then add the funds from the house sale to the assets of the estate to be used to pay off debts and distribute to the heirs.
It’s pretty much like the case of Mom selling the house herself. If you wouldn’t need to sign off on Mom selling the house, then you shouldn’t need to sign anything for this sale either.
In addition to the above, I can’t speak for New York, but docusign and other virtual signing systems are legal for real estate in my jurisdiction. I can’t imagine why you’d need to be there, especially since the timing of such transactions is difficult to tie down with precision.
Okay, thanks. I’ve put that question to my brother mainly WRT the estate lawyer, yet the real estate person should know.
The main reason I’d be going in June is to move things out and oversee professional cleaners (carpets, bathroom, kitchen) - my assumption that the house being really clean and empty enough that potential buyers can envision their own stuff there. If I don’t have to go once, that’s fine. I definitely do not want to go twice this summer.
Not sure about the USA, but… here in Canada a decade ago there were multiple cases of mortgage fraud. Someone would find a house that was fully paid off, and apply for a mortgage impersonating the homeowner. Then… take the money and disappear. The only clue the actual owner had was when the bank started forclosure proceedings.
As a result, whenever we’ve had dealings over real estate - sale, mortgage, etc. - the onus is on the bank and lawyer to ensure they are dealing with the person they say they are. I recall in one instance producng our passports to verify our identity. (Sad case in Ontario back then - a new law said the new computerized land title registry was the final word, so an fraudulently registered mortgage was considered legally binding until the law was changed.)
We have an ongoing problem in vic.aus, that a small number of lawyers are inheriting or being given property. Registered lawyers can just do property transfers without any other checks, and the title registry isn’t saying anything because “privacy”: they don’t talk about transactions, or the peope doing transactions.
Some good laws they have in Canada. Too bad the owners were so swindled.
About 20 years ago my mother - thinking she might end up in some medicare home set up a “living will” (I think it’s called) that put the house in her three son’s names yet she could continue living there, till, I guess three weeks ago. I wasn’t really for it, as otherwise psycho-brother was left out of the will for only what amounts to the remaining contents of the house and of course still has his 1/3’rd of the house sale which is too bad as he’d have been left out of that too.
I can’t see any reason he’d try and scuttle the sale as it’d be against his interests and this is an HOA with taxes so that’ll come from the sale. Yet I don’t know him anymore so when my other brother says it can happen, I’ll take heed.
I haven’t heard back from him regarding any interactions with the real estate person. The good news for me is I do not need a “Medallion Service” just a good solicitor or notary. And I must have asked five times in five different ways if this Notary could be entirely British. Of course it was not in the interest of the Medallion firms who would have been happy to charge me £400/$500+ and throw this annuity into August to inform me I did not need their service.
It will will cost some money yet I will be sending this to the USA and receiving a dollar check in the USA yet I know I can make that fungible in the UK and do whatever (if anything at this time) to make sure the provenance of all these arriving funds are non-taxable inheritance and nothing illicit.
Oh yeah, as I wrote above my name would be in the “deed”. As at least another brother/executor is on the deed as well and will be there (assuming psycho will too) I’m hoping I either somehow “pre-sign” if I can make it to New York or eSign if not (if I need a “Medallion Firm” for that JFK here I come.) As of now, I do not know my plans or if I do indeed need to be present.
Living wills have absolutely nothing to do with property, estates or inheritances.
They are documents that declare what medical care and interventions you do or do not want in serious or end of life medical situations. They may state what person you want to much medical decisions for you if you are unable to communicate.
You might have meant some form of a trust, which again has nothing to do with the medical document known as a living will.
Thanks for the correction.
I’m not sure what the process of my mother essentially giving the house to her sons yet keeping her rights to live there is called.
Yet I already own 1/3 of the house. I suppose in theory i already did yet now it’s official.
ETA: And of course I ought to be paying 1/3 of the HOA fees, taxes, any utilities left on yet I guess all that’s been thrust on my oldest brother and will be settled at the closing.
Golly, yes there are, lots. Most seem to mention “Ask us for quotes on our prices” and if it was not going to be me, I was kind of hoping for someone who could do a walk-through, consider if say half the proceeds were there’s to keep and make it happen. (i.e. on consignment)
I asked my brother for a 2 minute walk-through video and of course what the real-estate person would think. Breakfront, dining-room table and chairs? Sell 'em, scrap 'em yet they gotta go (or maybe not). I’ve made it clear that somehow the house has to be nearly cleared, carpets cleaned nicely enough, bathrooms and kitchen (including oven) sparkling clean and such services would pay for themselves in appeal and sale price. I assume the real estate person would say much the same.