Estate question

[gregintenn]

My neighbor passed away about three weeks ago. He spent several years in a nursing home, and I expect they have a lien on his farm. Is there a standard process for them to sell it and get their money? I'm not real educated on estate probate. I just want a chance at purchasing this property. I haven't seen a probate notice for him yet.

 

Is there anyone in particular I should ask about this? Will it sell at public auction?

 

Any insight you may have will be greatly appreciated.

Edited April 28, 2015 by gregintenn

[Raoul]

My neighbor passed away about three weeks ago. He spent several years in a nursing home, and I expect they have a lien on his farm. Is there a standard process for them to sell it and get their money?

 

It could take a year to probate this property. Did he have a will? Are there living children? Is there family?

 

 

 

Is there anyone in particular I should ask about this? Will it sell at public auction?

 

Perhaps, but not necessarily.

 

Any insight you may have will be greatly appreciated.

You need to attempt to find out who his next of kin might be. Shouldn't bee too hard. Just wait for them to swoop down on the property and start a conversation.

[monkeylizard]

This. If they do have to sell and you guys can meet on price, then they can do the deal directly with you and save everyone the expenses of an auction house.

Edited April 28, 2015 by monkeylizard

[Spiffy]

Id say if he was in the nursing home for a long time and they didn't make the family sell it to pay for cost of the care then they most likely wont have a lien on it.  I think I'm correct in saying that it has to probate for 6 months before it can be sold. Then again he might have sold it to a family member a few years prior to going into the nursing home and they wouldn't have to sell.

[USMC8672]

It also could be in a trust.

[hipower]

Have I missed the mention of a will?

A will, if one exists, will have more to do with it. And it could specify what's to be done with it.

[runco]

I would at least reach out.  There should be some information in the legals in the paper soon if not already, watch for his name. 

[gregintenn]

This farm was his parents'. His mother died several years back, and his father before that. This man was mentally impaired. I'm relatively certain he wouldn't have had a will. On the tax map, it lists his deceased parents' names, and "in care of" blah blah nursing home.

 

His next of kin would be some cousins. He had no close family left.

[hipower]

This farm was his parents'. His mother died several years back, and his father before that. This man was mentally impaired. I'm relatively certain he wouldn't have had a will. On the tax map, it lists his deceased parents' names, and "in care of" blah blah nursing home.
 
His next of kin would be some cousins. He had no close family left.

Well, that might complicate matters somewhat. But keep working. I don't know if the courts would appoint an executor to handle things or not.

Perhaps the nursing home can give you some information. They should have something on file that might help.

I know when I had to have my mother in one, the amount of information they wanted was just unbelievable.

[Murgatroy]

My understanding is that the home/state will put a lien on the property. They won't sell it until after death on the chance that the owner can/will go home. After death it will be auctioned off.

[Dolomite_supafly]

You can look all that up online using tax records.

 

If you want PM me the address and I will look it all up. Or if you don't know the address PM me your address and where the property is in relation to you. I would be willing to bet that if they owe a nursing home they also owe taxes, and maybe back taxes, on it.

 

I use the tax records all the time to look into properties we are interested in.