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How do I handle?


shelliemacs

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The news is grim on my step dad so he has asked me to take care of some things that until I meet with an attorney I have no idea on.

1) he has a house that was paid for when mom died 5 months ago. he wants to transfer the deed to my sister and I so we can sell the house and have some money. BUT he has credit card debt . If we transfer the house now before he passes away he thinks the credit card people cant hold us responsible. I think they can sue us for fraud. can they?

2) he has a car and a pull trailer (a big one not pop up) that he owes on. can we call to just have these reposessed? or are we going to be resp. to pay for these too. (if yes there goes the house money he wants us to get)??

3) he has a will and in the will he states the house to be sold and divided between the 2 daughters. how long after his passing does the will-workings through court prevent us from selling the house and either getting the money or paying off his debts?

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Shelly,

Good questions for an attorney!

I THINK the house needs to be claimed as a homestead to keep the credit card companies from putting a lein on it - I think I read that on here somewhere.

As for repossession, does he have equity in the items so you are throwing away money? Does he owe more than the items are worth so if repossessed the creditors can attach on any $$ for what is owed?

I think probate takes AT LEAST six months, maybe longer to work through a will. My grandmother died almost a year ago and hers still isn't finished...

I think those are VERY GOOD questions for an attorney - just make sure you write the answers down so you don't forget the EXACT steps you need to take - and ask about a Durable Power of Attorney and other options giving you the right to sign for your step-dad...

My two cents - and I'm not expecting any change back,

Becky

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