Expert: Dick Dennis - 7/13/2010

Question
My Mom owned her condo since 1973 in a suburb of Cleveland, Ohio.  I was placed on the deed with her in 1999 or 2000 (I can't remember exactly which year she added me through quitclaim).  She passed away in November 2007 with no life insurance.  I have been unable to financially afford to file probate to remove her from the deed (the condo was completely pd for - no mortgage).  She owed back property taxes which now total almost $8,000.  Water and Sewer I found (when she passed) had not been pd since 2003 and now total about $1,600.  There were back maintenance fees to the condo association (which she didn't pay because they never did any work to the complex and have been sued over, but they want pd) to the tune of about $13,000.  

I want to finish removing all personal items from the condo and get rid of it.  With no life insurance, there is no way I can pay for any of the back amounts.  My husband, kids and I lived in it for about a year and a half after she passed, however it is too small for us and needs too many repairs (furnace blower finally gave out as it was the original one that came when she bought there, carpet was never updated, windows have never been replaced since she bought, etc.).  The most she ever did to update the property was to repaint.

In 2006, the property was appraised at $42,000, though the market assessed value according to the county is $14,700 (though they consider the property taxes at the rate of appraisal).  There is some water damage from where a pipe in the bathroom burst during the winter - needs the pipe replaced and a section of ceiling in the laundry room replaced.

I don't know which value is considered when selling - the appraisal value or the assessed value for the county.  When my Mom first purchased the property, it was for $19,000 (in 1973) and by the time she paid the mortgage off she paid a total of $23,000.  

I am willing to concede to a purchaser that out of the purchase price, I will pay the back property taxes, back water and sewer bill but don't know if I would be responsible for back maintenance fees or if the slate would be wiped clean for the new owner.  I would like to sell it for enough that I can get about $5,000 personally after selling.  I also don't know if I can sell the condo because of her name still being listed on it (I can't afford probate because that would run about $500 and we are living currently on a total of $674/mo with a rent of $600 - my husband lost his job and we are behind on our bills with 3 kids and one on the way).

What steps do I need to take after clearing our personal belongings out?  Can I legally sell the property without filing probate given that I still have certified copies of my Mom's death certificate or do I just have to wait for the county to foreclose based on the back taxes and never see a cent?  Are there any options for me?

Answer
You will need to have a talk with an estate or probate attorney whether you like it or not, Melissa. That's the law. The law provides for payment of any liens, encumbrances, bills or rehabs the condo will require. Once you talk with the attorney you will know how much you will be able to net for yourself after everything is done. You will then engage a good local real estate agent to help you get rid of the property and actually know how much that condo is worth in today's down market. You need good local help, Melissa. Go and see that attorney and then a Realtor. I do wish you well.

Dick Dennis
dixiedee13@aol.com