Heck over Christmas I was thinking about looking up the thread and asking for an update. Seemed about time. I missed that the FIL passed away. I am sorry for all the loss in your DH's family, OP, and don't mean to sound so delighted by all this dysfunction. But it feels rare to get such an indepth look at how crazy families can get over money/sentiment. |
Wait I think was there a third one? I vaguely remember the FIL being ill, too. I think we're missing one piece of the puzzle? |
This. Thinking they're getting 300K-400K for a one-bedroom remote cabin somewhere is another piece of the crazy puzzle. In the end, the cabin will not be enough to pay for MILs care and then what? |
Bingo! Unless MiL is in such fabulous condition, $300-400K is not a lot of money for AL/memory care. If she burns through this money and cannot meet her ADLs, then she will need to apply for Medicaid. And Medicaid will force her to sell this asset. (Caveat: you are not forced to sell if a VERY depressed market as it was for one of my parents, but the moment the market is anywhere soluble, this asset will need to be sold.) It doesn't matter that it is "meant to be inherited by the children," it's an asset and it must be sold to defray the state costs. Taking out the HELOC is simply postponing the financial reckoning here. Whenever I read these types of posts, I am so grateful that my parents and my siblings were realistic about what needed to be done - heck, we had to sell one parent's portion of the family farm dating back decades. It wasn't easy, but it was the most financially responsible decision to make for all three siblings. I could've bought the land outright then given portions back to my siblings if it had been 4 years later, but it wasn't and I wasn't going to tie up our kids' college funds and our retirement on sentimentality. |
Heck yeah! Add that to the lore |
| There is very little chance this cabin is worth $300k OP so that’s just one more thing they are totally out of touch on. You can look at sold house comps on Zillow (not the zestimate, actual sold properties) and get a better idea. |
| I would urge your DH to obtain an appraisal of the cabin as soon as possible. Before this insane plan goes any farther. |
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OP here -
I sincerely thank DCUM for the advice regarding the HELOC/reverse mortgage because it's clear no bank will grant that if she's not living in the residence (and I'm assuming they would see if she has the the income to support living in an assisted living AND a cabin?) The cabin will need to be sold. DH is fine with it, as is DH's brother. DH's sister is strongly resistant to it and falls into an emotional mess at the thought of selling the cabin. I don't want to speak ill of the dead, but since this is an anonymous forum ... FIL asked the impossible SIL to keep his legacy alive and preserve the cabin but gave *zero* directions on how to keep MIL safe and alive ... Ugh. That's the behavior of a rich man with the assets and income to support a legacy of property and his family members. But FIL was not wealthy. He worked for the same employer for 30+ years and had very little in his retirement. DH suspects he was drawing from it, and his total assets were ~40K at the time of this death. There were secret credit cards found after he died. I was very naive in assuming a man in his late 60s who had been employed, raised a family, had a chronically ill wife, and bought two houses would have some affairs in order to protect his assets, but he didn't. He didn't have a will. According to SIL, he thought he would "live forever." I take it as a cautionary tale that none of us are immune to debt, death, and taxes. |
| If FIL died without a will, your DH and his siblings should check on the relevant intestate laws of succession. In Maryland, the adult children as well as the surviving spouse each would get a share of the estate. Your SIL, DH and the other sibling really need to see an estates lawyer before they do anything. |
Preserve doesn’t mean keep in perpetuity. Go up there, take some really good photos or hire a photographer or photography student to take some good pictures. Saw or chip off a small piece of wood, maybe get a glass jar of dirt, if there are flowers or trees press some leaves or flowers and give the sister a scrapbook. This isn’t a legacy property, he just bought the stupid place a few years ago. |
There’s no “estate.” Presumably the bank acct and cabin were held jointly with MIL. Besides what are they going to do, take from MIL and make her homeless? No need to waste $ on an atty when they don’t have any to begin with. |
If SIL wants the house, she should buy it. If she cannot afford it, oh well. |
| You don't inherit debt, it's netted out of assets. If there are no assets, they don't come after heirs. |
| Yep, a one-bedroom cabin bought a few years ago is no legacy property. I'd understood if it's something that's been in the family for a 100 years. Your DH and BIL are better off writing the cabin off to the SIL and let her pay for MIL care. |
I’m proud of us for having made a collective decisions to ignore this post. That is all. |