Q: GA, husband died, no will, bankrupt, upside down on the house. Only debt but step children will not sign quit claim.
I've spent money on had to be done repairs, cared for his perishable assets. I've paid out over $20k caring the estate while begging the adult children to sign a quit claim. I've given them all the proof of debt that they've asked for but they still refuse. Can I sue them in small claims court for reimbursement? No one wants to be PR.
A:
You REALLY need to talk with a local probate / real estate attorney about this. If the house is really 'upside down' and all that is left are debts why would you want to insinuate yourself into that house if you aren't already a joint owner of it?
There are LOTS of snakes lying in the weeds here and you may be better off walking away ASAP and letting the creditors scramble for the crumbs that may or may not be there.
Seek local legal advice and bring all the relevant documents (mortgage, deed etc.) to determine what if anything you should do. That may mean looking for alternate housing and getting out in a reasonable amount of time! Without seeing documents and discussing the situation in full however, it is impossible to say what your most reasonable course of action is!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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