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  • 1.  Deceased owner of dilapidated house

    Posted 2 hours ago
    All --

    I am the city attorney for Wayne.  There is a house located in Wayne that has been severely neglected, i.e. holes in the siding and roof, foundation issues, etc.  We have a PRT to address declining properties, and several notices have been sent out to the resident of the home.  The City has several mowing and snow removal liens placed on the property as well.  
    Here's the issue:  the owners of the property are both deceased.  Owners had three children.  Child #1 is also deceased.  Child #2 resides in the home by himself, and doesn't care that it's falling apart, and ignores all communication from the City.  Child #3 resides in Wayne, and doesn't care about the house or want it.  No estate was ever filed, and the house is the only real property that would be subject to the estate.

    We are not at the point of condemnation, because we have not been inside the house to see if there are interior safety issues that would justify it.  And even if we do condemn the house, and ultimately are required to demolish, the owners are deceased. In order to foreclose on the liens, we must serve the owners (deceased).  

    With the research I have done, I'm thinking the City would have to open up an estate as a creditor/lien holder, and go through the process in order to have title transferred to the heirs, then proceed with any legal remedies once the estate is complete.  This would cost the city and tax payers extensively more than what the property is worth.

    Does anyone have any suggestions or alternatives?

    Thanks,

    Amy K. Miller
    MILLER LAW      
    208 Main Street
    P.O. Box 33
    Wayne, NE 68787
    Phone: (402) 833-1440
    Fax: (402) 833-1420
    Email: amymillerlaw@gmail.com 

    The preceding message and any attachments are intended only for the person or persons to whom the message is addressed and may contain information that is privileged and confidential.  If you are not the intended recipient (or an authorized representative of the intended recipient) of the preceding message, any dissemination of the preceding message and any attachments is strictly prohibited.  If you have received such message in error, please notify me immediately by e-mail to amymillerlaw@gmail.com or by telephone at (402) 833-1440 and delete the message and any attachments from your system without reading, printing, or saving them.

     



  • 2.  RE: Deceased owner of dilapidated house

    Posted 2 hours ago
    Amy,

    I am dealing with a similar scenario right now. My client (the city) authorized me to draft and file an affidavit for transfer of real property without probate just to get ownership transferred. Then, the City can proceed with its normal nuisance/dangerous building procedure. In my situation, the value of the property is sufficiently low to use the small estate affidavit. 

    Best,

    David C. Solheim
    Solheim Law Firm
    1100 Main Ave.
    Crete, NE 68333
    402-381-3765






  • 3.  RE: Deceased owner of dilapidated house

    Posted an hour ago

    We are in the process of doing this for a village in Dixon County now.  We filed a Petition to appoint a special administrator. After notice to the heirs and a hearing the court authorized the Sp Admin to sell the asset of the estate, which is the derelict property.  Because of the volume of village liens on the property, the sale itself should address the liens rather than having to bring a collection action or lien foreclosure.  It will cost the village more than the property is worth, but they simply need to get this property moving forward with new ownership.

     

    Maureen

    _____________________________________

    Maureen Freeman-Caddy

    BROMM, LINDAHL, FREEMAN-CADDY & LAUSTERER

    maureen@wahoolaw.com

    402.443.3225

     




    Original Message


  • 4.  RE: Deceased owner of dilapidated house

    Posted an hour ago
    David --

    At the time of the owner's death, the exemption to be able to file the Affidavit was $50k, and at the time of death, the home was in decent shape.  I would like to use this option, but based on the valuation as of date of death, I don't think it's an option.

    Amy K. Miller
    MILLER LAW      
    208 Main Street
    P.O. Box 33
    Wayne, NE 68787
    Phone: (402) 833-1440
    Fax: (402) 833-1420
    Email: amymillerlaw@gmail.com 

    The preceding message and any attachments are intended only for the person or persons to whom the message is addressed and may contain information that is privileged and confidential.  If you are not the intended recipient (or an authorized representative of the intended recipient) of the preceding message, any dissemination of the preceding message and any attachments is strictly prohibited.  If you have received such message in error, please notify me immediately by e-mail to amymillerlaw@gmail.com or by telephone at (402) 833-1440 and delete the message and any attachments from your system without reading, printing, or saving them.

     




    Original Message


  • 5.  RE: Deceased owner of dilapidated house

    Posted an hour ago

    David - To whom did you have the real transferred.  It would seem to me that if no estate was opened, then the transfer would be to the kids who then could be served.  I am not seeing a way to transfer to the municipality.

     

    Amy - If the municipality cannot take title, and you need access, the municipality can obtain an inspection warrant.

     

    Yours sincerely,

     

    Roger K. Johnson

    Attorney at Law

    4724 Davenport #3

    Omaha, Nebraska 68132

    Cell: 402-657-0397

    rjohnson@rkjohnsonlaw.com

     

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    Original Message


  • 6.  RE: Deceased owner of dilapidated house

    Posted an hour ago
    Sorry, should have been clearer. The property was transferred to the legal heir(s) (in my case, the brother). The City covered the cost of my time drafting the affidavit, coordinating signatures, and the filing fee. Then, once ownership was clearly established in a living person, the City was able to proceed with its nuisance action. 

    David C. Solheim
    Solheim Law Firm
    1100 Main Ave.
    Crete, NE 68333
    402-381-3765





    Original Message


  • 7.  RE: Deceased owner of dilapidated house

    Posted an hour ago

    Amy,

     

    We were faced with a similar situation here in Neligh.  We secured a Warrant from the county Court to go inside to inspect the house and then passed a resolution finding that it was a dangerous building.  Then served notice and provided owner with hearing notice.  Hearing was given and after 30 days (appeal time) contracted with local fire department to burn the structure.  Then filed lien for costs and expenses.  I agree that the Small Estate Affidavit would be the best way to proceed to determine ownership.  Probably not going to recover all your costs but at least the nuisance/dangerous building is gone.

     

    Jim McNally