What can be done if a friend of 50 years is dying with a few houses but has neither will nor family?

Question

A friend of 50 years is dying. He is in a nursing home and in and out of consciousness. He owns a few houses. He left no will and no family. We have been managing properties and depositing rents to her account.

Erven Nelson · Answer

When she is lucid, you friend should sign necessary and proper estate planning documents.  I would propose a package of a will, living will, trust, power of attorney for healthcare decisions, power of attorney for financial decisions, etc.  She also could consider establishing a Nevada limited liability company and deeding the houses into the LLC, which in turn would be owned by the trust.

Jayne Sebby · Answer

There's probably not a lot more that you can do except to continue taking care of the properties for him.  After his death, you or any other interested person or business can petition the probate court to be named executor or personal representative.  The executor will arrange to sell the properties and pay off your friend's final expenses and taxes.  If there are any assets left, the executor will search for heirs.  If you would like to be reimbursed for the time you've spent taking care of your friend's properties, keep track of your time and expenses and submit a bill to the executor.

Victor Waid · Answer

Suggest you obtain the services of a probate trust attorney right away to see if a trust/will could be prepared for your friend, and be executed while she is lucid and has the ability to understand the documents and how you are trying to assist her.

Jeffrey Gottlieb · Answer

In and out of consciousness could pose a fairly substantial hurdle in terms of his capacity to execute a Will, but it's impossible for anyone to answer on a Q&A forum.  If he dies with property in his name without a Will, his estate will pass to his legal heirs.? Even if he has no spouse, children, parents, siblings or nieces/nephews  does he have cousins? Any living descendants of his grandparents?  They could be heirs.

Norman Green · Answer

Immediately get a lawyer to speak with him.

Dara J. Goldsmith · Answer

What is the issue?  When she dies if there are no family members, then the estate will escheat.  I suggest contacting the Public Administrator in the county where she resides.

Thomas Edward Gates · Answer

If he has presence of mind, he needs to do a will.  Otherwise his property goes to the state.  Do not transfer the property while he is alive.  You will have to pay taxes for the property.

Edwin K. Niles · Answer

If she has lucid moments it may not be too late to have her sign a will or trust.  She should also sign a health-care power of attorney.  If this is not possible (and you deem it necessary) you could file a petition to be appointed her conservator to manage her affairs.

Frances An · Answer

If he is lucid when he is conscious, he can sign a will. It must be witnessed by 2 people. With no will and no relatives, his property might just go to the state.

Neil Lehto · Answer

Ask him to make a will. In Michigan, it can be in his own handwriting and signed by him. He can use Michigan statutory will form, too. Otherwise, everything he has could go to the State of Michigan.

Don Rosenberg · Answer

Nothing if he is not competent. When he passes his assets will pass through probate (not the 3 headed monster that everyone believes) to his heirs at law pursuant to an intestate administration. Intestate means he dies without a will.

James Oberholtzer · Answer

If he is legally competent, he should create a trust and deed the houses into the trust. Otherwise, his legal heirs possibly his second cousins (or possibly the State of Oregon) will get his property. Some attorneys will come to his bedside to do the transfers.

Randall Romei · Answer

An estate would be opened to deal with the property. If there is no will the assets would be distributed according to the statute on descent and distribution. The descendants of the decedent would be located. If the decedent had no children or siblings then the statute looks to the parent's generation to see if the decedent's parents had siblings and if there are any descendants of those aunts and uncles. If not, the statute looks to the next preceding generation, and so on.

Christine James · Answer

She has to have some family somewhere, and the public administrator will likely take over and track down that family. If you want to be able to do that for her you can, but you need an attorney as soon as possible to walk you through it. If she truly has no family anywhere, no nieces, nephews, cousins, etc., the state will likely get the assets eventually.

Brian Haggerty · Answer

Her estate will have to be administered. Her nearest relatives will inherit brothers, sisters, nieces, nephews; this is set by statute.

Mark T. Peters · Answer

Well, somebody will have to file to probate her estate and the personal representative will have to look at the local state law regarding heirs. It may be that your friend has a third cousin or a great-niece one removed that is entitled to inherit the property. If no one can be found within the state's allowed levels of consanguinity, then her estate will escheat to the state.

Bernard H. Greenberg · Answer

This person may be ill enough as to not have requisite capacity to make out either a Will or trust. If the person does have capacity (that would be decided by the person's lawyer and doctor) then they should be considering creating an estate plan.

James Frederick · Answer

You have a very tough situation. If the friend lacks capacity, then there is not much you can do. You can ask a probate court to appoint you as guardian and conservator, but that would not give you the right to write up a Will. If your friend has a "lucid interval" and wishes to sign a Will at that time, it would likely be enforceable. Otherwise, the property may end up going to the State of Michigan, if there truly are no heirs. In all likelihood, there are heirs somewhere.

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What can be done if a friend of 50 years is dying with a few houses but has neither will nor family?

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