Containment What will happen when Barb dies?

[AnOminous]

That's not true. The home is in her name and Bob's name, not Chris'. Also, if that debt is secured, the estate is obligated to pay it. Unless she has a will, Cole and Chris are 50-50 on the home, and if she has secured debt the estate would be liable to pay it. The court would be administering the estate if there is no Will, therefore Chris couldn't even attempt to screw them. They might be nice and forgive the debt, but in this case that's not likely.

Note the bolded portion.

I LOL at the idea that any of Blarb's debt is secured.

Maybe there's a mortgage. But most of Blarb's debts is going to be unsecured consumer debt and similar debt she pressured Chris to take out in his own name.

 

[GS 281]

Didn't they take out a loan on that BRAND NEW used CAR that they just bought? I think I recall reading that somewhere. I am surprised Barb hasn't gone behind Chris' back and worked out a reverse mortgage. You wanna see Chris "enter a world of pain" that would definitely do it and I don't think that Chris is worth more than a q-sand crumb beyond the moment Barb goes tits up in Barb's mind. I think she would screw him hard on any assets and leave everyone else to pick up the pieces and the fucked up thing is that apparently he is doing a good job with everything.

 

[MrsFrizzle]

To the best of my knowledge, they can't refuse to discharge to home unless there are major health violations in the home that the state is aware of, or the state has medical guardianship. They'd need to be aware of the hoard, have the hoard deemed unsafe, and there would likely be a period of time to allow for cleaning. The only real reason they would discharge to nursing facility is if Barb has health issues that require the 24/7 care that a visiting nurse wouldn't be able to provide.

I think that if Barb really does have years-long parasite infestation, the hospital will be unlikely to discharge her home. But other than that, you may be right; I was thinking more of a scenario where she needed extended rehab after her hospital stay.

 

[AnimuGinger]

I think that if Barb really does have years-long parasite infestation, the hospital will be unlikely to discharge her home. But other than that, you may be right; I was thinking more of a scenario where she needed extended rehab after her hospital stay.

Depends on the parasite. If it can't be treated easily, or doesn't respond to treatment, they send you home with instructions on limiting transmission if you can pass it along, and environmental cleaning instructions. But they can't definitively link it to home unless someone says "We have this infestation at home."

 

[Male Idiot]

The estate pays the debt out of what Barb had. It does not have to pay any debts out of assets that are not part of the estate. Chris cannot inherit a negative balance, and anything he owns seperately from Barb is his. One exception could be a house that is mortgaged underwater, in which case he can walk away (I think even without affecting his credit score). Other potential pitfalls are any debts he cosigned for, whether or not they had anything to do with him. Also, if the estate is really worth absolutely zero, he would be responsible for any costs surrounding her death, like funeral costs or probate fees.

You are right that, absent a will, Chris and Cole split any assets that remain. Which I guess would be shitty for Chris. On the bright side, it could mean he has to leave 14BLC. I think he would be better off leaving 14BLC with only half the sale money than staying and owning the whole thing.

Could Cole sell the house if there is no will, even without Chris's permission?

Would Cole simply ask Chris to slowly pay his share out of Barb's hoard from his tugboat and keep the house? I imagine that may be easier than selling the whole Hoard-infested place.

 

[timtommy]

Could Cole sell the house if there is no will, even without Chris's permission?

Would Cole simply ask Chris to slowly pay his share out of Barb's hoard from his tugboat and keep the house? I imagine that may be easier than selling the whole Hoard-infested place.

If Cole owns half the house, him and Chris can negotiate about what happens. If Chris wanted to stay, and they could agree on a price that Chris could pay to buy out Cole, that could happen. Chris would essentially have to finance half the house. That's probably affordable given his tugboat.

If Cole and Chris can't come to an agreement, it could become very messy. The smart thing to do in those cases is to sell the house and split the proceeds. But that also requires agreement. If they can't even agree on that they might have to involve the legal system. Cole can ask the courts to force a sale, and make Chris buy it on the open market if he wanted it. That is a complicated and expensive procedure. The whole thing could easily be a disaster.

We should keep in mind that this discussion is based on the premise that Barb doesn't have a will. It's possible, but it also seems quite likely that Bob had her make one. If she does have one, I am sure Chris gets the vast majority of the estate.

 

[Male Idiot]

If Cole owns half the house, him and Chris can negotiate about what happens. If Chris wanted to stay, and they could agree on a price that Chris could pay to buy out Cole, that could happen. Chris would essentially have to finance half the house. That's probably affordable given his tugboat.

If Cole and Chris can't come to an agreement, it could become very messy. The smart thing to do in those cases is to sell the house and split the proceeds. But that also requires agreement. If they can't even agree on that they might have to involve the legal system. Cole can ask the courts to force a sale, and make Chris buy it on the open market if he wanted it. That is a complicated and expensive procedure. The whole thing could easily be a disaster.

We should keep in mind that this discussion is based on the premise that Barb doesn't have a will. It's possible, but it also seems quite likely that Bob had her make one. If she does have one, I am sure Chris gets the vast majority of the estate.

Oh, I agree that Barb most likely has one. She would make one just to piss off Cole I think.

On the other hand , I can see Cole just agreeing to Chris buying him out, since that would save him a lot of trouble.

 

[AnOminous]

Could Cole sell the house if there is no will, even without Chris's permission?

Because of America's fucked up land laws, any part owner of a property, barring some reason they can't, can basically force a sale of the property to recover their share of its value.

 

[Chan the Wizard]

Does Cole have any legal right to the house even without a will? Even if he, for some inexplicable reason, wanted to force the issue, would he have the money to do so?

I guess my question would be why would Cole want anything to do with the hoard? And if he did how would it not cost him more than he would make?

 

[Johnny Bravo]

Does Cole have any legal right to the house even without a will? Even if he, for some inexplicable reason, wanted to force the issue, would he have the money to do so?

I guess my question would be why would Cole want anything to do with the hoard? And if he did how would it not cost him more than he would make?

If Cole got the house through Barb's will he'd probably just sell it rather than deal with the mess.

 

[anephric]

Oh, I agree that Barb most likely has one. She would make one just to piss off Cole I think.

On the other hand , I can see Cole just agreeing to Chris buying him out, since that would save him a lot of trouble.

Exactly this. Cole could walk away forever without a second thought.

I'd be interested to see if Chris would try to reconcile with him after Blarb's passing though. Cole would undoubtably be hesitant.

I wouldn't expect her to die anytime soon (stubborn as she is) but I am confused why her husband was covered in parasites when he was brought to the hospital - and Blarb seems immune or less-affected or something?

And surely the hospital has papers of Bob covered in welts and bites - wouldn't Blarb covered in the same alert the state / town health board for infestation?

 

[GS 281]

fixt

No Chris news ---> Barb's Imminent Death" threads. I get a kick from them but most likely Barb ain't dying anytime soon. The mean stubborn ones always live longer, even till they're 90+.

Last few times Kiwis had Barb on her deathbed, she surfaced with dark brown hair in a bright red coat , bought a new car, flirted with the moving guys, and flipped Colin off in a handwritten note. Not to poop in your punchbowl, but Barb's not going anywhere.

She really is an old bitch.

 

[timtommy]

Does Cole have any legal right to the house even without a will? Even if he, for some inexplicable reason, wanted to force the issue, would he have the money to do so?

I guess my question would be why would Cole want anything to do with the hoard? And if he did how would it not cost him more than he would make?

I don't know, the hoard can probably be cleared by a junk removal company for two or three grand.

The house has some value. Zillow says its worth $156000. Probably doesn't take into account the unique shittiness of it. But on the other hand, they had a bunch of work done after the fire. My guess is if you sunk $10000 into cleaning the house and property up you could probably get 6 figures for it.

If Cole does indeed inherit half the house, and Chris both wanted to move out and was acting reasonably about the whole thing, it would could be worth his while. Or if Chris wanted to stay, Cole could ask Chris to buy him out. Then they would have to agree on a price, which could be a mess.

 

[Lipitor]

I don't know, the hoard can probably be cleared by a junk removal company for two or three grand.

The house has some value. Zillow says its worth $156000. Probably doesn't take into account the unique shittiness of it. But on the other hand, they had a bunch of work done after the fire. My guess is if you sunk $10000 into cleaning the house and property up you could probably get 6 figures for it.

If Cole does indeed inherit half the house, and Chris both wanted to move out and was acting reasonably about the whole thing, it would could be worth his while. Or if Chris wanted to stay, Cole could ask Chris to buy him out. Then they would have to agree on a price, which could be a mess.

You guys know most of the horde burned up in the fire right? After 14 BLC was put out everything had to be removed from the house to do repairs. They got a brand new roof, nice new kitchen and other renovations. Most of the surviving horde is piled up in a structure behind their house now or is in a storage locker. They're only just now slowly starting to go through everything. If barb died tonight and Christian had to sell that house to tomorrow they'd get near asking price. All 14 BLC needs is someone to actually do the yard work and it could sell. (No what Christian does, does not constitute as yardwork. He does so pathetically little you'd almost think he made things worse).

 

[Blue Max]

The idea that Cole could wind up stuck in Chris' life in one more act of Christory looks interesting.

I would certainly concede that the Smartest Film Critic in the World is outright offering services for hire on his website; If Barb actually fails to write a will, is Cole both well enough financially that he doesn't need to head to Ruckersville, and disgusted enough that he'd leave well alone too?

People change when money is involved and I'm not sure Cole Smithey wouldn't try to take his claim.

Barb may or may not have a will. Accusing someone who had their house burn down due to overclutter after years of increasingly absurd toleration of being buried in hoard of foresight or generosity is a tough call. Bob may have had Barb make a Will; Bob may have found Barb utterly impossible to persuade of anything material at all.

---

There is a second case, which would likely through everyone on the Kiwi Forums a MASSIVE curveball, but I think this should be seriously considered:

The assumption that Cole and Chris split Barb's belongings upon her death in the absence of a will only holds if they are the only children of Barb. This is not an assumption I think we shouldn't automatically consider as true. Chris was the product of the final man in Barb's life. Cole Smithey, the child of one man and the alleged (by Barb) son of a second man.

Barb, even in her 20s, is still not going to be a great partner. She's dishonest, ruined her family ties by trying to seduce her in-law, and per Chris, claims to be unchaste even in high school. People at this age don't fully understand one of the great rules of dating--never stick your dick in crazy. In the late 50s, Abortion was illegal, the Pill had yet to become common, and she didn't allegedly marry Ran Coleman Yeatts until 1961. This is a gap of something like five years or so.

A Third Child of Barb, perhaps given to a relative or otherwise hushed given the shame it would cause, doesn't lose inheritance rights just because they're born out of wedlock. If such a child was born, they would have a one third stake in Barb's estate. And this child would have been cut off from Barb, carefully concealed (much like Cole's Parentage) and may very well feel entitled to something from a mother that never did anything for them while alive.

This is just speculation, but this is definitely possible.

---

The other case, that Barb has decided just to give Chris everything, seems to be the logical favorite. However, I do have one critical point to mention--

This is insurmountable leverage against Chris. Forget changing the locks or killing herself; if Barb DISINHERITS Chris, she can ensure that he will not live in 14 Branchland after her demise. A real falling out between Chris and Barb could potentially lead to this choice, and while I don't think Barb would do this, she might make a threat and Chris might call her bluff.

We don't know anything for sure about what will happen, but it could lead to some very impressive problems.

 

[Sonic Rainboom]

This is insurmountable leverage against Chris. Forget changing the locks or killing herself; if Barb DISINHERITS Chris, she can ensure that he will not live in 14 Branchland after her demise. A real falling out between Chris and Barb could potentially lead to this choice, and while I don't think Barb would do this, she might make a threat and Chris might call her bluff.

We don't know anything for sure about what will happen, but it could lead to some very impressive problems.

What if Chris does inherit the house? An inheritance could affect eligibility for SSI and Medicaid.

 

[Marvin]

There is a second case, which would likely through everyone on the Kiwi Forums a MASSIVE curveball, but I think this should be seriously considered:

The assumption that Cole and Chris split Barb's belongings upon her death in the absence of a will only holds if they are the only children of Barb. This is not an assumption I think we shouldn't automatically consider as true. Chris was the product of the final man in Barb's life. Cole Smithey, the child of one man and the alleged (by Barb) son of a second man.

Barb, even in her 20s, is still not going to be a great partner. She's dishonest, ruined her family ties by trying to seduce her in-law, and per Chris, claims to be unchaste even in high school. People at this age don't fully understand one of the great rules of dating--never stick your dick in crazy. In the late 50s, Abortion was illegal, the Pill had yet to become common, and she didn't allegedly marry Ran Coleman Yeatts until 1961. This is a gap of something like five years or so.

A Third Child of Barb, perhaps given to a relative or otherwise hushed given the shame it would cause, doesn't lose inheritance rights just because they're born out of wedlock. If such a child was born, they would have a one third stake in Barb's estate. And this child would have been cut off from Barb, carefully concealed (much like Cole's Parentage) and may very well feel entitled to something from a mother that never did anything for them while alive.

This is just speculation, but this is definitely possible.

Eh, I don't think it's worth considering. I mean, possible in the literal sense, but I don't think it's very likely. It's a lot harder to have a child out of wedlock as a woman than as a man. It happens, but only if an important politician or businessman is banging the help and they need to keep it quiet.

I don't think Barb was banging anyone important enough.

What if Chris does inherit the house? An inheritance could affect eligibility for SSI and Medicaid.

Chris' tugboat is disability, so he gets it regardless of how much money he has. Not sure about medicaid, but it might be tied to his tugboat, so that might be safe too.

 

[Male Idiot]

Wait doesn't Bob have other children too? How would they factor in?

 

[Marvin]

Wait doesn't Bob have other children too? How would they factor in?

They wouldn't. When Bob died and Barb inherited everything, it became hers.

 

[AnOminous]

Does Cole have any legal right to the house even without a will?

Without a will, the rules of intestate succession would leave the house in equal parts to Chris and Cole. Cole could then force what is called a "partition sale" to recover his part of the economic value of the house, or use the threat of it to coerce some kind of settlement out of Chris. Since Chris doesn't really have anything to settle with, Cole, being the giant douche he is, would be entirely within his legal rights to go ahead and force the sale.

If there is a will, though, leaving it solely to Chris, Cole would have no (legitimate) claim to the property. He'd have to be a titantic cock and contest the will at that point.

Obviously, if the will does leave the house to both of them, the same partition sale situation exists.