Moms son passed a way he had no kids no wife and 5 acers of land. Mom is 87 in resthome he son passed a way with a track of land of 5 aceres what will this do since mom will inherrite it
Since he died without a will (intestate) and died owing assets, he has an estate which will need to be distributed legally however his state has it done for intestate.
You need an atty who does intestate probate. It's speciality probate (in my experience) & not all probate atty do lineals just like not all do litigation. So clearly ask. I'd bet that either it will be a lineal heirship to be done or perhaps a small estate affadavit but whatever it will need an atty. As Vegas said, it could well be that mom is not the heir. Mom could be just one of many heirs.
As an aside on this, probate can take time...like years. Lineals will have a whole set of requirements to establish family connections to determine heirs. Plus the value of his estate will need to be determined and property secured for as long as probate is open. Before you get too deep in this, I'd suggest you find out just what other debts he may have against his estate (medical bills, property taxes, CC debt, etc) and just what the value of his estate could be by looking the tax assessor value of property (it may not be accurate but gives you an initial figure to work from). Tax assessor info is on-line in most places. Sometimes folks just walk on dealing with family members "estates" as once debt is look at and the property is low value & perhaps has issues...well it's just not worth it.
Most places have property taxes due by end of January so the current bill should be out. His being dead makes no difference to the county.... the taxes are due. Someone in the family will need to pay it as county will place it as delinquent with fees Feb 1st and up for tax sale usually in August or September if not paid. If he had homeowner or other exemptions on it, all those melt away as he's dead. Tax bill could be oodles higher. If its just raw land, increase in value probably not as much as those with house on it. Your probate atty will have insight as to how this works for your area.
Guest you are correct it is Medicaid who pays for long term NH care. I mistyped. Depending where the land is situated it could be worth a great deal of money and improve her quality of care greatly.
Veronica, sorry, it's Medicaid not Medicare that will file a lien on the property. That means that money from the sale of the land will go to the state to repay monies spent on nursing home. If she is not on Medicaid,mthen property will be part of mothers assets for her care when living. Check with a lawyer as she is limited in assets other than house and car, and inherited land may disqualify mother from Medicaid.
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You need an atty who does intestate probate. It's speciality probate (in my experience) & not all probate atty do lineals just like not all do litigation. So clearly ask. I'd bet that either it will be a lineal heirship to be done or perhaps a small estate affadavit but whatever it will need an atty. As Vegas said, it could well be that mom is not the heir. Mom could be just one of many heirs.
As an aside on this, probate can take time...like years. Lineals will have a whole set of requirements to establish family connections to determine heirs. Plus the value of his estate will need to be determined and property secured for as long as probate is open. Before you get too deep in this, I'd suggest you find out just what other debts he may have against his estate (medical bills, property taxes, CC debt, etc) and just what the value of his estate could be by looking the tax assessor value of property (it may not be accurate but gives you an initial figure to work from). Tax assessor info is on-line in most places. Sometimes folks just walk on dealing with family members "estates" as once debt is look at and the property is low value & perhaps has issues...well it's just not worth it.
Most places have property taxes due by end of January so the current bill should be out. His being dead makes no difference to the county.... the taxes are due. Someone in the family will need to pay it as county will place it as delinquent with fees Feb 1st and up for tax sale usually in August or September if not paid. If he had homeowner or other exemptions on it, all those melt away as he's dead. Tax bill could be oodles higher. If its just raw land, increase in value probably not as much as those with house on it. Your probate atty will have insight as to how this works for your area.
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Depending where the land is situated it could be worth a great deal of money and improve her quality of care greatly.