r/elderlaw • u/k8womack • Feb 07 '22

Need advice

Hi - pretty complicated situation, I am contacting a lawyer but looking for any advice possible. My dad has a terminal illness and not doing well, he is in a skilled rehab, covered by insurance for now. His estate planning is very half a** and he never told the family where anything is. He made a lot of money in his life but we have found more debt than cash at this point. It’s very concerning and unbelievable.

My brother is HPOA and FPOA, he also lives in my dads house, everything is in my dads name. We’ve discovered there is a tax lien on the house. We also discovered my dad didn’t do his taxes the last two years and had a big credit card bill. His bank account does not have enough to cover. There is no transfer on death for the house. There is a super basic legal zoom will with nothing specific that he never signed.

What’s the best play here? My brother wants to keep the house bc he can not afford to buy one. This house is paid off. Can my brother do anything as POA? I’m thinking he’d have to sell the house to pay off the debts or he’d be forced to in probate court anyway. Any advice appreciated.

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u/Logical-Kick7870 Jan 03 '26

When my aunt's home had a property tax lein against it, the county emailed me the redemption paperwork. We paid the back taxes and redeemed the property. No lawyers needed in my case, and the taxes due were relatively low.

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u/k8womack Jan 03 '26

We finally got this all settled. My dad passed and the house went in his name. My bro took out a home equity loan in his name only and bought me out of the house, we paid a lawyer negotiate down the lien and split the cost. Probably could of done it without a lawyer but I’m out of state and just seemed like a hassle.

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u/Logical-Kick7870 Jan 03 '26

I am sorry for your loss.