My mother passed away and my brother and I are on the deed to her house. The house is in MA, I am in CA, and my brother is in Asia. My husband and I are handling most details of the sale of the house, along with our attorney. We quickly found a buyer, but the home inspector found multiple problems and the buyer backed out. Now we are trying to decide: 1. Sell the house as-it for a very low price. 2. Make some of the repairs, the most important repairs that are deemed unsafe if left undone. 3. Bring the house up to standard and sell for a higher price.
Several issues: -My brother has dementia and just dealing with his wife is difficult as she is stressed out. I know they need the money since she had to quit her job to take care of him so they do have incentive to do what they need to do to get this sale done. However, she has told us that they will not contribute money to help with the upgrades. She is of the mind to sell as-is because anyone who buys it “will gut it anyway”. -My husband called a realtor we have known for decades to ask his advice. The realtor is of the mind that buyers want a perfect house they can move into immediately. So now my husband is convinced that this is the way to go. However, this realtor is accustomed to dealing in $1 Million + properties. My Mom’s house is in a small rural town in which most of the homes are very old and not fancy. At best after upgrades, her home could be worth $425,000. There are few homes for sale and probably not many buyers.-We are already $30,000 into what we had to contribute to keep Mom afloat in her last 2 years before we got her on Medicaid so I feel it would be a bad deal to spend even more money, not knowing when or if we can recoup our investment. Even doing the most important upgrades for safety reasons (i.e. electrical) will cost $10,000 or more, I imagine. -If the house does not sell for many months or a year or more we will still have to pay taxes, maintenance, heating oil, etc which we have been doing for a year. Does anyone have experience dealing with a house you inherited but it seems it may cost more time and money and headaches and you just want to be done with it ASAP? (No, I am not sentimental about this house.)
You don’t seem to be in a position to wait long or invest more money. I’d sell now, as is, if it were me. You do need a different realtor. This guy doesn’t seem to have the experience (or the motivation) you need. We talked to several realtors before hiring one. They didn’t have to do much marketing, but there was still a lot of work involved for them (and us!). Good luck to you, this isn’t an easy job and you’re generous to handle everything for your brother and his wife.
Find a local realtor and sell it as is as quickly as possible, pay off the lien and move on with your life.
Once they have information on you and the house, they arrange an inspection that takes 2-3 hours. In a few days, they make an offer, spell out repairs needed and tell you how much they will deduct if they purchase the house and do the repairs themselves. You will have to empty out the house, or arrange for that, but not clean it. If you do not accept their offer, you have a list of what they recommend in the way of repairs and upgrades.
In both of my sales, I was happy with their offers and the costs for repairs. The only trips I made were for the inspection and emptying the house. I was able to sign documents remotely, and they transferred funds they day of closing.
If in fact that house is 100% actually only in you & your brothers name….. so that the annual tax bill is/was addressed to you and the title recorded at the courthouse 100% reflects this with you & bro names only…. then there should not be a home of your moms that has become an Asset of her Estate subject to the required Medicaid attempt of Estate Recovery.
I’m going to guess that either: 1. mom actually did a Life Estate Deed so that you & bro were remainderman for the LE. If this is it, then it probably is that LE for how MA does MERP is still consider an asset of her estate. LE have to have the remainderman % sussed out based on actuarial tables and there’s specific IRS tax filing that have to happen and some other involved details. So LSS you have to get either a Tax Attorney or a Real Estate attorney - preferably one that practices in the Co. where the house is - to deal with determining the % ownership and establishing it legally so that only moms death % is subject to MeRP. None of this is a DIY. Fwiw lots of folks do LE and think this bypasses MERP, only to find unhappiness as their State does place recovery on the non-remainderman % ownership.
or
2. the legal done was defective. So she / her Estate owns it.
MERP will have a system for how it is done in MA as State laws matter for how property rights and probate are done. My experience is that 3-6 months from her death, whomever was her POA or was the family member who did her LTC Medicaid application, should have gotten a NOI from MERP or the State of MA outside contractor for MERP. NOI = Notice of Intent to file a lien or a claim against the deceased Estate. If it isn’t responded to then the State assumes the lien/claim is valid.
NOI will have the amount supposedly owed and a questionnaire as to the status of the Estate and the assets as of the Day of Death. It is also where you can file what’s exemptions or exclusions you feel apply for Estate Recovery.
Personally I would not spend any more unnecessary $ until you know for sure what is or isn’t placed by the State on her property. I’d get a Real Estate atty for this.
On selling older homes with decades of delayed maintenance, I’d look to see what really truly comperable homes in the same condition sold for in her area the past few months. Even if you have to go to an adjacent county. And if it took 6 months or longer DOM (days on market) to finally sell; and what the difference was in price from when it was initially placed vs finally sold. My feeling based on the way you described it…. is the house may be at the point where even if you spent some $$$ to refresh the house, did a bit of landscaping, it’s still an old house that is vacant in an area that is not sought after. Buyers are going to want serious concessions $$$ from the asking price. If it’s not up to current code, that leaves out any FHA or VA buyers. If the comps sold actually have been close to the land value rather than the land + house value, to me, it imho would be a waste of time AND money to do repairs. The property tax bill should have the land and the house value as 2 separate items.
Cut your losses and do not sink any more time or money on speculation that you’ll make more money.
When my Dad moved to senior living, he had me sell his house. My parents did no remodeling the 30 yrs they were there, oh an occasional new appliance and a new roof. I had the house appraised by a licensed Appraiser, and went along with his recommended value. The house sold quickly to a flipper.
Advertise and tell the realtor house is sold as is.
I would find out what a flipper would buy it for as is. I would then get a accessor, they give the most accurate accting, to tell me what it would be worth as is and what it would be worth if you fixed the problems and maybe did some cosmetic work. Like painting and new carpet. This will give you an idea of how to proceed. Remember, the longer its on the market, the more out of your pocket. Realtors are why houses are so high and a former Realtor told me that.
Me, I would fix the problems, do some cosmetic work and price to sell quickly. I would make sure you get any out of pocket you have put out. If you have proof of that 30k, I would see if I can get that back at closing or need to place a lien on the house. After all is said and done, you and brother split what is left. You deserve to get back what you paid out.
Can you and your husband afford to put in the money that it would cost?
If so you could put in the money needed.
When the house is sold for the higher price you and your husband get back everything that you have put in towards the reno PLUS any interest PLUS a "fee" for the risk that you have taken. (also include any expenses that you had while taking care of mom)
The profit after that is then divided between you and your brother.
given what you have said about the rural area, and the expenses it might be best to sell "as is" but you need to talk to a realtor that knows the area...not one that deals in property that usually costs way more than what this area can handle.
Even in over priced California, you don't fix up an older house in a rural area, it will be Pandora's Box when walls are opened. House flippers will buy it and fix it up. Don't waste your time or money!
Couples wanting "move in ready" homes are looking in urban areas, not rural. Near their jobs with good schools.
Of course the RE Agent wants you to fix it up, so he can get a bigger commission. Your Husband should have seen that coming.
Even in over priced California, you don't fix up an older house in a rural area, it will be Pandora's Box when walls are opened. House flippers will buy it and fix it up. Don't waste your time or money!
Couples wanting "move in ready" homes are looking in urban areas, not rural. Near their jobs with good schools.
Of course the RE Agent wants you to fix it up, so he can get a bigger commission. Your Husband should have seen that coming.
This is too much to handle from afar. Along with the cost of the repairs, you may be paying for the attorney for a longer period of time so that will cut into the profits.
Since the house is in Massachusetts, you'll need a property manager to check it regularly, especially in winter, to prevent frozen pipes, leaking in the basement, flooding, electrical outages, etc. Snow removal can be important to prevent leaking and damage to the driveway and the roof.
I know a woman in Massachusetts who inherited her childhood home. She planned to move into it after retirement. She checked it on weekends. She arrived one weekend to find a pipe on the upper level had burst, and the house was a combination of flooded and iced. It was beyond repair. I don't know what she eventually did with it. I know of another childhood family home that was vacant and a drug addict vagrant broke in and it caught fire from his use of drugs in the basement.
Regarding the lien, how long ago was the property deeded to you? If it was through inheritance and was your mother's while she was alive, then the lien would have been placed on the home then.
Sometimes in rural areas people buy rundown homes primarily for the land, especially if zoning isn't strict.
It sounds like your family has been through a lot. Keep it simple and just unload this part of your mother's estate as simply as possible. I hope you can get closure and peace of mind soon.
More information would be helpful.
I have family members who are realtors. They (my family) are selfish and snobbish, only wanting to make as much money as they can, steering their clients in a direction which most benefits the realtor.
If you are working with a realtor who is giving you advice contrary to what is best for you and your family, find someone else who will understand and represent your interests.
You could run out of time and money trying to fix up this house to suit the greedy realtor's expectations.
Car dealers are the same way.