My sister past May of 2015. She had a trailer. They said I could sell. After they received all documents on the trailer, including the letter from the only offer I received of $8000, they told me I could sell. That was a year ago. I got a letter this last week concerning the claim. They are saying the appraisal on the property was $14,000 so they intend to collect. This was a trashed 1bdr trailer in a snowbird RV park on the Tex/Mex boarder. My sister was a chain smoker and lived with 3 cats. The owner of the park bought the trailer. She had sent out notices about the trailer being available. No responses.
I had numerous phone calls with the MERP rep at the time. I was adamant that I did not want the property. I would be pleased to sign it over. I sent them what I had. She told me I could sell the property. She NEVER told me they would try to collect a year later. They were silent for a year. I feel as though they wanted me to sell the property for them so they wouldn't end up with the property themselves. My sister died without a will. The trailer is real property. Not real estate. The lot it sits on, she rented for $200/mo. The owner of the park did not collect that rent for the 3 months I tried to get clarification from MERP.
I am a bit concerned now. I sold that property and the money is spent. I recently was laid off due to the energy crisis. I don't know if a lien could have been filed on the trailer home. But there wasn't one when we transferred from her name to mine. I thought all had been settled. I feel that I was misled by the MERP rep.
Any suggestions please
I do not have the release to sell in writing. :( I received a letter last week and called them. I was then contacted by another person returning the call. When I told them who had told me it was okay to sell, they got that person and I was able to speak with her. She said that all conversations should be recorded. They will send the information on to the state for collections.
I'm truly surprised they were totally silent for a year after she told me I could sell. Her telling me I could sell was misleading, as I had told her over and over again that I did not want the property and that I would be pleased to sign it over to them. I sent her a copy of a letter from the owner of the RV park stating the final offer of $8,000 and that there had not been any interest in the trailer at all. That was when she told me I could sell. She did not tell me that they would still try to collect. Also, they are not basing their claim on the amount I was able to sell the trailer for. It is based on the tax appraised value.
The thing that gets me, it's a trailer home. They depreciate over the years. The tax value is not market value. There is no way I could have gotten $14,000 for that trailer. It was in deplorable condition. I was truly thankful that the owner of the park gave me $8,000. And relieved me of the rent for the lot.
MERP doesn't try to collect claims if the estate is valued at less than $10,000 in Texas. I would have gladly turned it over to MERP. I think she was concerned that I would do that and I'm sure MERP didn't want to have to deal with selling it. So they let me sell it and came back to try to collect.
I guess I will have to let it go to the state and plead my case. I can't afford a lawyer. I'm not sure what they expect? Or how much they expect to gain? Very very stressful.
If you have what they say in writing, just send them a copy. If you don't have it in writing, they will treat it like it was never said.