Livonia, MI asked in Real Estate Law and Probate for Michigan

Q: Can me and my husband buy his mother's house on a land contract when husband and brother is in her will

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2 Lawyer Answers

Trent Harris

  • Probate Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: Yes. Even if mom’s will says the house is supposed to go to husband and brother, assuming she’s mentally competent she can still sell it to you and husband. If she does, then the house would no longer be part of her estate; instead her right to receive land contract payments as land contract vendor would. If mom sells, she should update her will to clarify who should get the proceeds from the land contract, if it hasn’t been fully performed before the time she dies.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.

David Soble agrees with this answer

David Soble

  • Farmington Hills, MI
  • Licensed in Michigan

A: Generally, yes, as their interest will be subject to the land contract that you and your husband take from your mother.

People devise their property in anticipation death, however, circumstances change and if a person transfers property during their lifetime, (with certain restrictions and caveats) then the asset simply isn't there at the time of death. Nonetheless, make sure that you hire professional legal counsel to assist you with drafting the proper documents or you may have still have serious legal issues at a later date.

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