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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2351
Experience:  Helping you with your legal questions.
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HOW DO YOU HAVE TO CLOSE A HOME MY BROTHER PASSED AWAY MAY

Customer Question

HOW LONG DO YOU HAVE TO CLOSE A HOME MY BROTHER PASSED AWAY MAY 2011 LET HIS NEPHEW HAVE MONEY TO BUY IT. but before he put the house in his name he also passed away. now my nephews wife lives there, I gave her money to pay off his daughters shares of the house, it has been over two years since my nephew had died, and 5 years since my brother had died, the house and all of the bills are still under m brothers name. do I need to talk to the irs maybe or someone else about this or is this legal?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 1 month ago.

It is complicated now of course. Was there a written sales contract between your Brother and Nephew?

Customer: replied 1 month ago.
no
Customer: replied 1 month ago.
the will was written out to his 1 daughter and 2 sons, I gave the money to pay off his nephews, sister and brothers parts
Expert:  Damien Bosco replied 1 month ago.

Since the home is still in your Brother's name, then it would go to your Brother's heirs. It appears that the agreement between the Brother and Nephew would be null and void because it was not in writing. Yet, possibly the nephew's heir can claim they should be reimbursed. In any effect, in order to sell the home, someone has to open an estate proceeding on behalf of your brother to probate the will. Any payments among you and his kids would have to be worked out. We can continue to discuss.

Customer: replied 1 month ago.
is the will not a sales contract or is it.? my main concern is that my nephews wife gina is living in the house still while everything is still in my brothers name. so my brother has been passed now for 5 years and she is paying the bills still in his name.
Expert:  Damien Bosco replied 1 month ago.

The will is not a sales contract. If the nephew bought the home before your brother died, it would be the nephew's home. A deed would have been filed with the county reflecting his ownership. If there is no deed signed by your brother to your nephew and there is no sales contract, it would be hard if not impossible to proof the sale took place. If it did, his wife could claim she now owns it. But there was no sales contract and no deed. So, it can be argued that the sale did not go through. Yet the nephew paid something and may be entitled to reimbursement to his wife. Plus she could possibly be reimburse for expenses, although she would be paying rent. So, the only way to resolve all this is to probate the will to transfer the property through the terms of the will. The wife would then make a claim against the estate. The kids and wife could reach some sort of settlement. We can continue to discuss.

Customer: replied 1 month ago.
but she has yet to put anything in her name. she has an estate lawyer but its been 5 years since my nephew has passed and she is paying all utilities still in my brothers name. is this fraud.
Customer: replied 1 month ago.
brother* not nephew
Expert:  Damien Bosco replied 1 month ago.

It is not fraud per se. Anyone can pay someone else's bills. It would be fraud if she is pretending to be him. We can continue to discuss if you would like to do so.

Customer: replied 1 month ago.
even if they are non existence?
Customer: replied 1 month ago.
how can a dead man pay his taxes and bills?
Expert:  Damien Bosco replied 1 month ago.

I understand what you are getting at. If someone is attempting to "step into the shoes" of a dead person, it would be fraud. However, when someone dies, the estate representative can continue to pay bills on behalf of the decedent until the estate is settled.

Customer: replied 1 month ago.
how long do they have to make the estate final? is their a timeline or a due date to get it finished
Expert:  Damien Bosco replied 1 month ago.

Yes. It should be done expediently, within a few months; and if not, there must be a justifiable excuse why it has not been done.

Customer: replied 1 month ago.
if there is no excuse why she has not paid it, what happens next? who do I make it known to?
Expert:  Damien Bosco replied 1 month ago.
The court could appoint someone to handle the nephew"s estate.
Expert:  Damien Bosco replied 1 month ago.

Hello again!: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with my services, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.

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