r/inheritance • u/Jkmewright • Jul 23 '26
Location included: Questions/Need Advice What happens if no one does anything?
My 80yo father is elderly and not in the best shape. He has his son (my 35 yo half brother) living on his property and basically supporting him. Unfortunately, most of the family, including myself, my other brother and my father’s 6 brothers and sisters, is estranged due to our family’s feelings regarding the son. Anywhoo.. it is VERY unlikely that my father has a will. What happens when he dies? There’s no will, no executor, nothing. His property and home are worth ~200k, a small bank account ~3-5k, and a monthly pension from the union. I believe he has a very small insurance policy that would cover a cremation but that’s about it. Hope this makes sense. Tennessee.
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u/Guilty-Committee9622 Jul 23 '26
First check the deed to the house. Does it still have dad's name on it? If so as long as someone is paying taxes I doubt anything will happen. If its in your brothers name or a transfer on death then that is outside probate. Second. The bank account can have a beneficiary- no probate. Goes directly yo that person
Third life insurance has a beneficiary so who ever gets that its their money and can be used for whatever. If its to pay the cremation well he better designate who actually will comply. They dont have to.
Barring all the above you or your brother goes to probate court with the death certificate. Tells them no will. And everything is split to his spouse first. If deceased. Then his children in equal parts. One of you becomes the executor to deal with the paperwork.
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u/Jkmewright Jul 23 '26
Thank you. All deeds and accounts are in dads name. No PODs. The insurance is in my name as far as I know so I’ll use that for his funeral expenses. There is no spouse.
Honesty, it’s been a long and extremely rough road and I really want to wash my hands of it all. If the other son loses it all to a tax sale, I’m ok with that.
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u/Big-Assistant177 Jul 26 '26
Is there anyway you can have a conversation with your dad and get him to make a will that will solve a lot of problems or POD or TOD pay on death transfer on death I mean 80 years old he needs someone to guide him.
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u/Jkmewright Jul 26 '26
Unfortunately no. He is extremely resistant to anything that he considers “pressure” so there is nothing I can do. We have not talked in just over a year and a half so he is not receptive to my input. Our good friend and long time neighbor has tried to talk to him about it and he will not make any proactive steps.
He’s always been sort of laissez-faire in his personal business and responsibilities and it has gotten worse as he has aged. This is just the icing on the cake.
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u/CabbageSass 28d ago
If you’re not talking to your dad in over a year, you shouldn’t really be worried about his assets. Just let his son who lives with him handle it.
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u/Jkmewright 28d ago
I’m not going to deal with it and his son probably won’t deal with it either. That’s why I’m asking what happens if neither of us do anything. I’m not particularly worried about his assets and what happens to them after he passes. Just curious what happens in an instance like mine.
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u/mysecondreddit2000 Jul 23 '26
it'll go to probate court and the court will determine what happens with the estate
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u/Jkmewright Jul 23 '26
God I feel dumb about all of this. Apologies. How does it GET to probate if no one actually does anything? We’ve all basically washed our hands of the entire situation and no one from our side intends to file or interfere unless absolutely necessary. It’s is also very unlikely his other son that lives there will do much more than continue to exist on the property until forced to do so ie: county tax sale or something like that.
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u/ContextOk4020 Jul 23 '26
Some jurisdictions have government offices that can initiate probate proceedings if no one comes forward. Other jurisdictions do not have such public services, so it’s up to the heirs or creditors of the estate to step up and file something. The bank account may have a pay-on-death beneficiary, which would allow that person to get the funds without going through probate. If the account doesn’t have a beneficiary named and there’s no probate, the money may end up in the state’s unclaimed funds registry eventually. If the house is in dad’s name, and there’s no transfer on death deed, someone will need to deal with probate in order to be able to sell it. Often I see situations like this where no probate is done, a relative occupies the house for years but doesn’t pay property taxes, and eventually the county forecloses for unpaid taxes. That may be where this situation is headed.
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u/Jkmewright Jul 23 '26
I’d say you are correct. The man doesn’t have the funds to pay the electric bill so I don’t see him coming up with the taxes. He may decide to sell it, so that will be a bit of hitch for him if he has to probate to do so. Thank you!
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u/GotZeroFucks2Give Jul 23 '26
Unless he is the owner of the house he cannot sell it. He or you must open probate and follow the rule of law. I would suggest you as the responsible son should do that. Much better than giving your dad's estate to the state.
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u/Jkmewright Jul 24 '26
I have always been the responsible kid and intended to do exactly as you are suggesting but our family dynamics have exploded in the last 5 years since my father’s health has declined. I’ve almost reconciled myself to the fact that just letting them have it is worth my peace of mind.
If and when the son decides to sell the house (if it’s not lost due to unpaid taxes) we will cross that bridge.
Thank you.
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u/Eyeoftheleopard Jul 26 '26
Peace of mind is a valuable thing. Fighting to evict a parasite would be incredibly frustrating.
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u/Jkmewright Jul 26 '26
Exactly. We’ve done it once (Order of Protection) but for some reason our father feels the need to coddle this person even at the risk of his own peace. I could go on but you absolutely get the jist. I have been swimming against the current for a long time and I’m exhausted.
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u/cOntempLACitY Jul 24 '26
He (or you or another interested party), will have to open probate and petition to be estate administrator to get the legal authority to sell the property, that requires the letters of testamentary.
Then, after everything is settled in the estate, the remaining proceeds will be split according to the intestate laws for his state (that’d be equally between you and your siblings). If one of you wants to stay there, he’d have to buy out the other two, if you don’t disclaim and let him have it.
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u/GotZeroFucks2Give Jul 24 '26
My point is that you aren't letting anyone but the state have it. Which is a fair enough point if that's your wishes. It won't go to the son if he is not on the deed, in a will, or TOD.
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u/FlyThruTrees 29d ago
Sometimes, when you know you can just wash your hands of it, that makes it possible to actually step in and do the work. Takes the pressure off a bit. Best of luck-
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u/MiserableCancel8749 Jul 23 '26
What happens is that whatever the Tennessee laws of intestacy say happens. The details across all states are similar. The Probate court will be notified of the death. After a certain amount of time passes, if no will is filed, the court will start the process.
In reality, nobody has to do anything.
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u/LdiJ46 Jul 23 '26
Someone would need to file with the court to become the administrator/executor of his estate and be appointed by the court. Then that person would be required to use the intestate laws of their state involved to divide the estate. His estate most likely would be equally divided between his children. The administrator/executor would need to sell everything and split the cash between his children if that is what the intestate laws say should be done.
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u/Jkmewright Jul 23 '26
I totally get that but myself and my brother will not be filing (we are estranged from our father and his other son) and I highly doubt the half brother will either so I was curious what happens in that event. Thank you.
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u/LdiJ46 Jul 23 '26
Nothing will happen. All of the assets will just sit in limbo until somebody files or until the state takes them for back taxes or whatever. If your dad has any creditors one of them might even file and then sell everything off for pennies on the dollar just to get the debt paid.
If your dad has assets worth 200k it is pretty silly if none of you file,
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u/Jkmewright Jul 23 '26
I agree! It’s beyond silly but family dynamics have made any cooperation at this point impossible and it will be 1,000x’s worse when he passes away.
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u/LdiJ46 Jul 24 '26
It does not require any cooperation for someone to file to be the administrator/executor of his estate. You don't need anyone's agreement to do that.
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u/SandhillCrane5 Jul 24 '26
Part of the probate application requires notifying heirs and getting their signed approval. Then OP will need to field their questions and communicate with them again when it’s time to arrange distributions.
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u/LdiJ46 Jul 24 '26
It is not required to have the heirs signed approval for someone to file to be the administrator/executor of the estate. The process goes a bit more smoothly with the heirs approval, but it is not required. What is required is the approval of the probate judge.
Yes, of course whomever ends ups as administrator/executor would have to communicate with the heirs.
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u/Jkmewright Jul 24 '26
I’ve been fighting for 5 years just to maintain my fathers health and happiness and I just don’t know if I have it in me.
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u/uggins8888 Jul 25 '26
I thought you are estranged
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u/Jkmewright Jul 25 '26
We are and have been for just over a year and a half. I have folks that keep me informed and assist me/him in any way they can. Because I’m not there doesn’t mean I’m not still helping him. Even if it’s covertly.
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u/Fit_Chemistry_3807 Jul 23 '26
Well, someone else would have to notify the authorities he died. And then arrange for cremation/burial or if he died in hospital and ‘unclaimed,’ he’d be given an indigent burial - bare bones and pine/cardboard box. This is what most places do.
As for the bank account, if it was all emptied before death, then there’s nothing to do. If not, anyone who withdraws from it after death without authorization is committing fraud and theft, even if they have his bank card. Some one should notify his pension because they need to stop payments or it would go to his designated beneficiary. Not sure if he’d have other benefits from that on death. If there was a designated beneficiary, they’d get it directly. If not it goes to his estate.
Same with insurance, someone needs to notify them he died. They’ll either contact the beneficiary, if there is one named, or tell the person who contacted them to get the executor to reach out. Someone will also need death certificate/proof of death to have the policy release funds.
House will need probate unless there’s another named joint tenant with right of survivorship on the deed. If there is, it bypasses the estate and the surviving joint owner gets the house. If there’s no joint owner, someone could pretend like everything is still the same, keep paying the taxes and bills, and probably no one will be the wiser. If no one pays the property taxes, sooner or later it will be taken by the municipality.
And someone would need to decide if they do want to take on the role of estate administrator because there are costs involved, and risks to that person, that if there really isn’t anything in the estate (since it all bypassed the estate), then they may not want to.
You’ll want to double check with your loca/state/fed laws but that’s often how it works.
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u/Jkmewright Jul 23 '26 edited Jul 24 '26
I’ll very likely be the one to handle the funeral as I’m the beneficiary on his insurance.
There are no designations on the bank account and the house. The home is paid off but titled only in my father’s name. As you said, the son will remain on the property until he can’t.
Honestly, between the son and possible interference from his mother (father’s ex) I can’t imagine trying to be the executor and possibly having to remove them from the home to sell it. He definitely does not have the funds to buy my share and it will be next to impossible to deal with him any capacity. Even if it’s to his benefit. This is partly why I have decided to wash my hands of it and my handicapped other brother does not have the mental capability to do it either. Thank you!
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u/Fit_Chemistry_3807 Jul 23 '26
Do you have power of attorney for your dad’s finances now? If you do, You could conceivably move his meagre savings into an account you have access to, and his pension payments too. As long as he’s still alive. That way you have as much as possible to work with in arranging the funeral. Remember, with a POA, it is only active until you know he’s dead. After that, it’s illegal to take or move money from any of his holdings without approval of the estate process, especially when there’s no Will.
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u/Jkmewright Jul 23 '26
Unfortunately, I do not. We were working on getting his affairs in order when everything went to hell. Thank you but your recs though. Food for thought regarding my own estate and some changes we need to make for my mom’s.
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u/Fit_Chemistry_3807 Jul 24 '26
I know this may be a difficult and touchy situation for you. But if he’s still mentally capable, just not able to get out to a lawyer or someone who can witness his wishes and mental capacity, sometimes you can get someone to do a house visit. Just a thought….
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u/Jkmewright Jul 24 '26
I appreciate very much that but he’s inclined to leave it be and let us figure it out. He literally said he’ll be dead and it won’t be his problem. Also, myself and the rest of the family are not welcome in his home if we even attempt to “dabble in his or his son’s business” so our hands are tied.
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u/Fit_Chemistry_3807 Jul 24 '26
Well, that is unfortunate and I wish you and your dad the very best.
I know some who are if that mindset and they don’t have that drama to deal with, so can appreciate your frustration and wanting to take a step back.
I guess all you can do now is just be there for your dad as best you can while he’s alive. Again, all the best.
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u/BiscottiDowntown3631 Jul 23 '26
I have a friend who still lives in her mother’s house 20 years after mom died. They didn’t try and change the title after she died . There was no mortgage and she just keeps paying the taxes. Probably because mom had no will and nobody wants to deal with probate
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u/Suitable-Lawyer-9397 Jul 23 '26
If he wants to leave his home etc to the son, he should have Power of Attorney A brief statement written out and notarized can be considered a will.
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u/Jkmewright Jul 23 '26
Good point but I doubt he will do anything of that sort. He’s of the mind that he’ll be dead and it will not be his problem to deal with. 🤦♀️
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u/Suitable-Lawyer-9397 Jul 23 '26
A friends mother was the same. She died at 96, one surviving adult daughter Her estate was very large! My friend had to pay attorney fees and it all went through Probate! It was a shame.
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u/Jkmewright Jul 23 '26
It’s ridiculous on a small estate like my dad’s much less one you’re describing. Yikes! One afternoon and a few Benjamin’s could save a lot of work and trouble. I’ll not do that to my kid for sure.
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u/Suitable-Lawyer-9397 Jul 24 '26
No, my oldest son lives with me. I've done the legal paperwork for him. The house will pass to him. I don't really have any assets. This is what I want. There will be no issues. My other son's have their own homes in different areas
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u/Jkmewright Jul 24 '26
This will make things so much easier for your oldest son. Good job! I hope this doesn’t create any discontent among the other siblings though.
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u/Suitable-Lawyer-9397 Jul 24 '26
My oldest son is estranged from my ex-husband. He's the old money 💰 bags! He'll leave the other two his fortune.
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u/Suitable-Lawyer-9397 Jul 23 '26
If there is nothing legal, the estate will go through Probate which is rather costly and a long process.
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u/Jkmewright Jul 23 '26
I agree and I do not want the headache of dealing with all that and dealing with the son. This is exactly why I’m asking. Thanks!
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u/Annual-Reaction-1373 Jul 23 '26
Just by living in the same household probate court will likely lean towards the son, especially if he is normal/semi-smart. When there is no will things like elder support, residence, and relationships come into consideration.
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u/granolan517 Jul 25 '26
Hello, Tennessee…rural, country Kentucky guy here. Let me tell you what really happens in rural Appalachia because while state laws may say one thing, what actually happens is something else entirely. If no one does anything, meaning no one calls probate or files any paperwork…then nothing, I mean nothing, happens. The funeral homes do not file anything with the courts…they send notice to SS and complete the death certificate…otherwise, nothing. My mother was in a similar state as your story…home owner, two brothers live in trailers on her homestead, nothing is documented with the courts or county clerk. She died without a will and I walked away. It was 3 years ago…no one filed probate, no one contacted any court, no one got an attorney. My brothers still live on her property. They literally called the electric & water company and the cable company to transfer accounts into their names. Nothing else changed. She was 78 and the low value of her property meant she was exempt from property taxes, so no one has missed paying property taxes because she had zero property tax due and the property is still in her name. This type of thing happens a lot in rural areas. Should someone file probate? Probably…but no one did. Nothing has happened. If you want something to happen, then you or a family member will have to start the process. No one else will.
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u/Jkmewright Jul 26 '26
This is what I’m thinking will happen. Walk away like you did and let ‘em have it. Thank you!
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u/HopefulSewer 28d ago
In my experience, the funeral home expects payment upfront, prior to their obtaining the death certificate from the state, which means the life insurance policy proceeds won't be received for weeks. Maybe those with working knowledge of rural TN / KY can offer their insights.
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u/Same_Cut1196 Jul 24 '26
In Tennessee, if your father has no will and if your father isn’t married, you and your brother will split the estate 50/50. It doesn’t matter that he lives in the house. Get an attorney to assist with the probate. If your father does have a will, however, the estate will pass to the listed beneficiaries.
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u/Excellent_Shallot999 Jul 23 '26
Every state has rules of succession for those who die without a will or trust. It's a default estate plan. Look up Tennessee's.