[CLBS] Heir and homestead exemption - Ch. 7 Bk

[Randy French]

Look at MEMORANDUM OF DECISION 
__________________________________________________
In re:
VICKI ARLENE DOUGAN, Debtor
Bankruptcy Case  No. 04-40747- JDP
______________________________________________________
MEMORANDUM OF DECISION entered March 29, 2006.  



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Christopher
Hopper
Sent: Thursday, September 21, 2017 1:44 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Heir and homestead exemption - Ch. 7 Bk

Hello Listmates: 

Debtor has lived in Dad's home for 5 years. Dad passed away almost 2 years
ago intestate. Dad's estate has not been probated; thus the house is still
titled in Dad's name. Debtor has two siblings, so there are three heirs
total (including Debtor.) Dad had a HELOC on the home, and Debtor has
continued to pay it and the taxes. Debtor believes that the siblings will
not take the house because they have already taken other assets that had
belonged to Dad. 

In chapter 7, does the homestead exemption apply to Debtor's right to
inherit the house in which she has resided? Or is the exemption limited to a
debtor's residence that is titled in her name? Can Debtor file and claim a
homestead exemption on the house? 

It looks like Debtor has to be an "owner." Would Debtor have to receive
title in her name through probate to qualify for the exemption? 

55-1001. DEFINITIONS. For purposes of this chapter: 
(1) "Dwelling house" and "mobile home" include manufactured housing. 
(2) "Homestead" means and consists of the dwelling house or the mobile home
in which the owner resides or intends to reside, with appurtenant buildings,
and the land on which the same are situated and by which the same are
surrounded, or improved; or unimproved land owned with the intention of
placing a house or mobile home thereon and residing thereon. A mobile home
may be exempted under this chapter whether or not it is permanently affixed
to the underlying land and whether or not the mobile home is placed upon a
lot owned by the mobile home owner. Property included in the homestead must
be actually intended or used as a principal home for the owner. 
(3) "Net value" means market value less all liens and encumbrances. 
(4) "Owner" includes, but is not limited to, a purchaser under a deed of
trust, mortgage, or contract, or a person who takes the subject property
under a life estate. 

"[B]ut is not limited to" ...; we'd appreciate your take. Thanks. 

Chris 

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