Wednesday, December 24, 2014

My dad passed a way a month ago. His house was put in myself and my brothers name several years ago. I assume this does not have to go threw...

Question

My dad passed a way a month ago. His house was put in myself and my brothers name several years ago. I assume this does not have to go threw probate. Should we be paying the house tax and utility bills through the estate,or with our own money. All his previous bills have been paid ,



Answer

Condolences on your loss.

If he transferred the house to you and your brothers sufficiently long ago, or if he did not use any medicaid benefits prior to his death, you should have no problems. You should have been paying taxes and utilities all along since you and your brothers owned the property. It was out of of your father's assets and estate at the time of transfer. I am assuming that a deed was recorded at that time.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.



Answer

The house is in your and your brother's name so you should be paying the utilities and taxes from your money, not from the estate. The house does not have to go through probate. If the house was transferred more than a year before death it should be ok as far as inheritance taxes go. If it was transferred in less than a year, then inheritance taxes will be owed.

You do not indicate whether there is any other assets and if so whether they would be probate or non-probate assets. If there are probate assets, then an estate will need probated.



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