If it's property taxes, I'd suggest you ASAP contact tax assessor &/or tax collectors office to see what the redemption period is for property placed delinquent (for paying taxes) for the county where house is.
Some states have a 3 year window for redemption. Your early into Year 4. Property can be sold to whomever paid the delinquency plus fees.
Example: Property delinquent for taxes by August 30 for the year 2013 and unredeemed as of July 2016 can be sold by the tax collector August 30 2016. If this happens, whomever holds the 2013 redemption can go to chancery clerk to file for a tax sale deed; clerk waits a prior of time (maybe 3 -6 mo.) to clear sale and record new owner.
If redemption has happened, you are going to need a real estate atty who does litigation to deal with this. It will not be just paying the taxes, the hefty interest & fees but court hearings.
If Medicaid is involved in paying his NH, this is going to get super sticky & beyond just paying off old taxes. Imho you need to get info on house and meet with a NAELA level elder law atty & soon.
I was told by NJ Medicaid that I should have stopped paying taxes once Mom was in an AL. All money she has goes to her care. The house belongs to Mom so the county will end up with it or Medicare eventually. You need to talk to a lawyer.
The back taxes must be paid. If the house is sold. If you end up living there. If Medicaid takes the house in an estate recovery. If you rent out the home. If the home is demolished and a new home built.
THE BACK TAXES MUST BE PAID. imo.
If the taxes are income taxes, those may be negotiable-see a tax attorney.
Better check with Medicaid. You r not responsible for your Dad's property taxes. A lean will be put on the house. Medicaid will expect Fair Market Value if you sell. I am seeing a lawyer tomorrow for something similar.
ez1214, I assume the back taxes are real estate taxes for the house? Who was taking care of Dad's mail, or was he throwing the bill out? My Dad did that so I had to change all the bills over to my address.
Normally you are not responsible for any of your Dad's debts.... but as Jeanne mentioned above, if your Dad on Medicaid in the nursing home, thus Medicaid is paying for all of his care. If so, then it would be up to the family to pay for hanging onto the house.
If this is a Medicaid issue, then sell the house and use the equity to pay off the taxes and self-pay at the nursing home... then Medicaid will once again start picking up the tab. This is complex, so you might need the help of an Elder Law Attorney to walk you though the maze.
Are these property taxes on the house you are now living in? Were you Dad's caregiver before he went into the NH? Does he have funds to pay these taxes? Is he on Medicaid?
I just found out about them 3 or 4 months ago after i had to put him in nursling home. I am not going to lie and say i have thought of staying there myself, but is it fair for me to pay the years i did not know about?
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Some states have a 3 year window for redemption.
Your early into Year 4.
Property can be sold to whomever paid the delinquency plus fees.
Example: Property delinquent for taxes by August 30 for the year 2013 and unredeemed as of July 2016 can be sold by the tax collector August 30 2016. If this happens, whomever holds the 2013 redemption can go to chancery clerk to file for a tax sale deed; clerk waits a prior of time (maybe 3 -6 mo.) to clear sale and record new owner.
If redemption has happened, you are going to need a real estate atty who does litigation to deal with this. It will not be just paying the taxes, the hefty interest & fees but court hearings.
If Medicaid is involved in paying his NH, this is going to get super sticky & beyond just paying off old taxes.
Imho you need to get info on house and meet with a NAELA level elder law atty & soon.
#1 Your income tax returns?
#2 Elder's income tax returns?
#3 Real Estate taxes?
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If the house is sold.
If you end up living there.
If Medicaid takes the house in an estate recovery.
If you rent out the home.
If the home is demolished and a new home built.
THE BACK TAXES MUST BE PAID. imo.
If the taxes are income taxes, those may be negotiable-see a tax attorney.
Normally you are not responsible for any of your Dad's debts.... but as Jeanne mentioned above, if your Dad on Medicaid in the nursing home, thus Medicaid is paying for all of his care. If so, then it would be up to the family to pay for hanging onto the house.
If this is a Medicaid issue, then sell the house and use the equity to pay off the taxes and self-pay at the nursing home... then Medicaid will once again start picking up the tab. This is complex, so you might need the help of an Elder Law Attorney to walk you though the maze.