Inherited a house from a friend

6 years ago

So I have been taking care of an elderly friend of mine for many years. Shortly before she passed away, she amended her will to say that I would inherit the house. I was also supposed to be the executor of the will, but that never got filed and stayed as the only surviving relative, her sister in law, who is not happy about not inheriting the house.
Has anyone any expertise on this matter? There is no mortgage, we live in Nevada (the sister lives on California if that's relevant), and Google searches are not that helpful for non relative house inheritence.
Do we have an inheritence tax? Will we have to fight the executor? What's going to happen in probate?
Any help would be appreciated

Featured Answer

graywings123

6 years ago

Try your google searches again. It doesn't matter that you are not related to the deceased.
What happens when you inherit.

As for probating the will, the answers to your questions will be determined in part by the actions of the executor. You should not have to fight the executor if she executes her duties honorably. This would be a good time to talk with a lawyer.

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Comments (8)

Denita
6 years ago
^Yep. See a good estate attorney asap.
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jmm1837
6 years ago
Id suggest you talk to a lawyer. An initial consult might cost a few hundred bucks but will be worth every penny.
AJCN
6 years ago
last modified: 6 years ago
My condolences about your friend passing away. I'm sure your friend benefitted from your care-giving.

Regarding the property issue. I would recommend that you do not communicate at all with the relative who is upset. There must have been a good reason that your friend wanted to gift you the property. But just don't text, call or answer calls or texts at this time. Save the messages, but don't answer back.

It's probably not going to cost you much, or anything, to have an initial meeting with an estate lawyer. I'm just a regular homeowner and W-2 worker, and I thought the only people that hired estate lawyers were rich 1%-ers. But I've learned that's not true. At the very least, go meet with an estate lawyer for an initial consultation.

About 15 years ago we wanted to create our wills. I thought the initial meeting would cost $300 or so. The first meeting with a local estate lawyer was $0. We met with 2 lawyers and chose 1. It's been a long time, but I think the fee was about $1200.

Just this past week, I had a meeting with the same estate lawyer about an issue similar to your property-inhereting matter, and it cost $0 to have the meeting. We will most likely have them handle the issue, and they said the papers they have to draw up and file would cost us about $2000.

In the grand scheme of things, it's probably better for you to meet with an estate lawyer, and pay their fees to help you in this matter. I've found that the estate lawyers are usually in small practices of estate and tax lawyers. They are nerdy and studious, not flashy and looking for fame like TV lawyers. They run small businesses and do a steady stable business relying on local relationships.
bry911
6 years ago
"I would recommend that you do not communicate at all with the relative who is upset. There must have been a good reason that your friend wanted to gift you the property. But just don't text, call or answer calls or texts at this time. Save the messages, but don't answer back."

I would see an attorney before following advice not to communicate with the executor of an estate.
new-beginning
6 years ago
Perhaps DO NOT initiate any contact with the executor at this time; contact an estate lawyer and seek their advice. Any calls from the executor can go to voicemail to discuss with attorney; same for any text or 'snail mail' contacts. Have attorney advise you as to response.
raee_gw zone 5b-6a Ohio
6 years ago
In my state, a will, including naming its executor, doesn't have to be filed before death to be valid - just properly signed and witnessed. In fact, my mother's estate was of such little value that the probate court informed me that I didn't need to file it at all - but I did anyway, just to avoid some sibling issues. Check with an attorney, as everyone has recommended here, since laws and practices vary from state to state. The laws of the state that the deceased lived in are the laws that will apply.

I don't think that there are any laws that require property to be left to a relative - a relative might dispute the terms of a will if they can show that there were some untoward shenanigans that led to the bequest. But I don't know that for sure -consult an attorney!
jmm1837
6 years ago
I don't see the point in alienating the executor by refusing to talk to him/her. I'd definitely see a lawyer to be sure my own interests were protected, though.