Government Leaves Woman Homeless

[Guest v everett]

My brother informs me that when he dies the government will take away the small house in which he lives with his common law wife in Idaho. She will be left without a home to live on the streets. He is very distressed about this matter. I can't believe that our government is so cold-blooded. Does he have any resources to turn to? Does he have any recorses? Is there anything he can do to protect this home and this woman? Thank you.

[david rigby]

I doubt that is true, but why not "fix the problem" by having a will?

[QDROphile]

There may not be much one can do with someone who has adopted the view of the "free citizen" (or choose your label) nutcakes, many of which live in Idaho. In their twisted world, the govenment has no legitimacy, so they will not get involved with anything involving real matters -- as opposed the the nutcake reliance on bogus "common law" -- and the government is pure evil, hence the theft of the house an opression of a widow. I suspect that is why the marriage is a common law marriage. While common law marriage can be legitimate, I suspect the root of it for your brother is the nutcake view that the government (state) has no authority over such matters, so one should not get official sanction.

If you brother is a nutcake, he enjoys this stuff (despite "worrying" about it) and won't do anything within the established system to learn about or fix any issues. Most of the participants in this forum are concerned with learning the law and complying with it. We work in a different universe from your brother, and he would not accept or recognize anything we offered.

Or are you putting us on, too?

By the way, the government may, in fact, intend to take his house. Free citizens do not believe that the federal government has any right to tax income and might feel the same way about state taxes of any sort. It depends on what cell they belong to. The govenrments, on the other hand, tend not to look to kindly on the view.

[Guest v everett]

To Odrophile:

Your cranky, stereotypical view of my brother's problem with losing his home and thus leaving his "wife" homeless is totally inappropriate and totally unhelpful. My brother is an honest man who lives exclusively within the letter of the law. That is why the loss of his home is of such great concern. He will do what the law requires. My question, my plea was that of an ignorant person who wonders if he has any recourses, any resources, any help in this matter. The question is sincere and hopeful that some rational person might have some legitimate advice. Incidentally, I made contact with my brother after being estranged for 35 years and visited him in Idaho in June. We had a wonderful and sometimes painful time catching up with each others' lives, that of our parents and other relations. I plan to go back for Christmas. I met some wonderful people in Idaho, friends of my brother and his wife, people at their church, waitresses, clerks in stores, bartenders, people on the street, everywhere. I don't recall encountering a "fruitcake". Looking forward to helpful responses. Thank you

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[Guest Pensions in Paradise]

Simple solution really.... just have him pay the taxes and liens that he owes. Problem solved.

[Guest rmeigs]

v everett, I'm sure we'd love to be helpful, but you have not given us any facts to work with -- like why the government wants the house? Is it for back taxes? For some fine?

[Guest yukon]

v everett-

I believe QDRO said "nutcake"...not "fruitcake". There is a difference.

NUTCAKES - who are known for their liberal, socialist, share-the-wealth, government-subsidized-everything, welfare state mentality - abound.

Meanwhile, as we all know, there are only 4 FRUITCAKES on the planet. They have existed, and been passed around from family to family, for thousands of years.

And they make excellent door stops.

[Effen]

I agree with rmeigs, I need a little more info before I click into "help" mode. Your original typifies today's media culture. A lot of flashing accusations without a lot of meat.

The government/society takes lots of peoples houses for lots of reasons. I don't know of too many instances that they just did it because they could.

P.S. I'm sure sure what you expect a bunch of "employee benefits" people can do for your poor brother in his "partner".

[JanetM]

v everett

Tell him to pay his taxes and liens. Get legally married and draft a will.

Conforming to what society expects isn't going to kill him.

[Guest v everett]

tHANKS FOR CLARIFYING "NUTCAKE" AND "FRUITCAKE." mY LACK OF POLITICAL IN TALK IS SHOWING. i'VE LEARNED SOMETHING. iNCIDENTALLY, i DIDN'T RUN INTO ANY NUTCAKES DURING MY SHORT VISIT TO iDAHO. mY BROTHER IS NOT A NUTCAKE. yES, YOU ARE RIGHT, i FAILED TO GIVE MANY FACTS. THE GIST OF IT IS THAT THE mRS. INCURRED INNUMERABLE MEDICAL EXPENCES FOR A MASECTOMY AND DIABETES. tHESE BILLS HAVE NOT BEEN PAID OFF AND ARE UNLIKELY TO BE SO DUE TO MY BROTHER'S SMALL INCOME. mY BROTHER HIMSELF IS DISABLED DUE TO HIS BAD BACK. hE IS 67 YEARS OLD AND THE mRS. IS 62. mY BROTHER DOESN'T COMPLAIN AND IS INDEED THANKFUL FOR WHAT HE HAS. hE HAS THIS HONESTY STREAK IN HIM THAT FORBIDS HIM FROM SKIRTING THE EDGES AND COMING UP ANYTHING BUT CLEAN. tHAST'S WHY HE IS IN A PICKLE.

[Erik Read]

Have them negotiate the repayment with the providers. In many cases, they'd rather settle for pennies on the dollar than lose everything, and have to pay legal fees as well. Some are know to write significant amounts down or even off all together if they know your situation.

As for why the government would take the house to repay the medical bills is a mystery.

When I first read your post, I assumed you were stating that he had no will, and that Idaho would be similar to some other states where an unclaimed estate becomes the property of the state. Have him leave it to his Mrs. - or better yet, sell it now, and move to an appartment or somewhere else so they don't have that tangible asset. I also believe the laws allow for a primary residence - I don't think they'd really kick her to the street.

But - I'm young, and may be naive

[Lame Duck]

If common law marriage is not recognized in Idaho, this would mean that your brother and his "wife" are totally separate parties and oyur brother would not be liable for her debts, unless he has accepted responsibility for them. If he has not, perhaps his wife should look into filing bankruptcy before the house passes into her name. If she has no assets, bankruptcy might totally discharge all of her debts, leaving her free and clear to inherit the house according to your brother's will without the risk of losing it.

Please note that I am not schooled in bankruptcy and do not know the rules around it after the passage of the recent law. I am merely suggesting this as one avenue for your brother and his wife to explore. They should consult both a bankruptcy and an estate attorney to see what is necessary to preserve the estate for the wife. These boards are generally for employee benefits practioners and your question is outside our normal area of expertise.

[JanetM]

She should file for bankruptcy is she is single. He should write a will. Maybe after the bankruptcy they could get legally married.

Are you sure they are considered common law? That had to be established before 1996. Did she take his name? Have joint accounts? Are addressed as Mr. & Mrs.?

[Mary C]

Were some or all of the expenses related to nursing home care? Were they paid by Medicaid and its the state looking to recoup the payments? Is the house owned solely by your brother or in both names? There is still too little information to give you much help.

I believe the deadline to file bankruptcy and have all debts forgiven is passed. He or she or they would need to file under the new Federal laws which may not forgive all past debts but set up a five year repayment plan.

[AndyH]

What in the world would lead v everett to post this topic in this place? Is this an employee benefit issue? Does it have to do with the Red Sox?

[E as in ERISA]

This sounds like it belongs on the Montel Williams show, not the benefitslink message board.