Q: Mother made will devising real property to three children. Same day executed deed to herself and son as tenants by the
entirety WROS. Son never probated will, and retitled property in son and wife name and obtained a mortgage for $100,00.00, which was used to pay off line of credit on house. which we feel son made mom incur. Children want to know our rights against son, lawyer, title company, mortgage company. Same lawyer did the will, deed, and mortgage closing. son closing occurred in Nov/Dec 2015.
A:
You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.
SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through probate. Once one person in a joint ownership with rights of survivorship passes, the other person owns outright, and can re-title, mortgage, sell or otherwise dispose of the property freely.
Without seeing ALL the documents and reviewing the intended plan of distribution, it is impossible to say what (if anything) was done improperly. If you truly have questions, YESTERDAY was the time to seek local legal representation. After almost two years, it may well be too late now, but I'd strongly urge you to consult with a local real estate / probate attorney local to where the property is located, and discuss ALL the facts and provide the documents for him/her to review.
-- 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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