QUESTION
What do I do if I was removed as a beneficiary but was still asked to pay for the mortgage and bills?
Asked on Jul 08th, 2013 on Estate Planning - Florida
More details to this question:
My son died over 2 years ago. He had a house. The lawyers stated that I should pay the mortgage and all bills (electric, gashouse, repairs, etc.) because I was the beneficiary. After 2 years, I received a letter, changed our minds, that I am are no longer the beneficiary but keep paying mortgage, that my relative may get the house and if you don't, they will go to bank.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you are a beneficiary of a will, that will not change after your son's death. You need to have an attorney review the will and any other legal documents pertaining to the house and your son's estate.
Answered on Jul 10th, 2013 at 11:43 PM
This is a strange story. I would need to know a lot more about it to have any opinion. I would guess it involves a trust and possible a tenancy in common.
Answered on Jul 10th, 2013 at 10:00 PM
Real Property Law Attorney serving San Francisco, CA
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Law Office of Barbara A. Goode
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I am sorry to hear of your loss. This must be very difficult for you. The lawyer cannot change the beneficiary designation. Did your son have a will or any children? If he had neither, then you may be the beneficiary of the house. If you have paid all the expenses for the last two years you are at least entitled to get that back. It seems that the lawyer is playing games here.
Answered on Jul 10th, 2013 at 9:59 PM
Thomas Edward Gates
You need to see the will. If indeed you are not a beneficiary, you can demand the estate repay money spend on the mortgage and bills. Do not continue to pay the mortgage and bills, since this is an estate responsibility. This sound like a simple probate, hence, closure should have happen in 9 to 12 months. If you are a beneficiary, ask for an accounting of all assets and expenditures.
Answered on Jul 10th, 2013 at 9:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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That's ridiculous. Who inherits from your son was established at the time of his death, it cannot change now. Get a lawyer to work through this for you. It will cost you less than the next mortgage payment.
Answered on Jul 10th, 2013 at 9:59 PM
2 Awards
If you son passed away, the beneficiary cannot be changed 2 years later.
Answered on Jul 10th, 2013 at 9:59 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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You should not have been able to be removed as a beneficiary after your son died. Also, you do not explain whether there has been a probate estate opened up. If there has been a probate estate opened up, then you have the right of reimbursement for the expenses associated with the house while it has been in probate.
Answered on Jul 10th, 2013 at 9:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like you need to file a claim against the estate. Also, how were you removed? Did somebody with higher priority come in.
Answered on Jul 10th, 2013 at 9:56 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is way too complex to try to sort out in a forum like this. I would need to know all the facts, plus see all the documents in question. It is hard to understand how something like this could happen.
Answered on Jul 10th, 2013 at 9:56 PM
First, your son's estate should have been settled within a year of his death unless either 1) the estate was very large or complex or 2) there was a question about who his heirs were that had to be settled by a court. You have a claim against your son's estate for the amount you paid for mortgage, utilities, and upkeep. Talk to an attorney in your area about how to get reimbursed.
Answered on Jul 10th, 2013 at 2:29 PM
First I suggest you hire an attorney. The facts as you presented signal that there is a very large problem with the probate of this estate. You should not be a beneficiary then not. Also, it's been 2 years and the estate is not settled is another problem. Second, beneficiaries are not liable for the debts of the deceased. However, if you are living in the house after the death, you are responsible as a tenant to the estate, for the utilities, etc.
Answered on Jul 10th, 2013 at 11:37 AM