Owosso, MI asked in Estate Planning for Michigan

Q: How to get my sister name off the title and mortgage. She is dieing and she will not sign a paper give me the house.

Her name is only for work weeks when we signed on the house. She pays no bills. My name is also on the house title and mortgage and I'm the one who pays the mortgage.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: You cannot force someone to give or sell property. If her name is the only one in the mortgage/deed she will need to voluntarily sell (‘sign off’) the property or you will need to probate the property after she passes. The real issue here is that if there’s a mortgage that will complicate things as most mortgages have a ‘due on sale’ clause that would prevent her from giving you the property without triggering a requirement to pay off the whole mortgage.

If you are unsure what all this will entail you should contact a local real estate attorney. Do do ASAP.

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