Q: Do my brother and I have any rights to our family home or can my stepmother do with it what she wants?
My parents built a home on grandfather’s property that never had a mortgage. My mother passed away and my father remarried. When he remarried he stated that if he passed, the home was supposed to go to my brother & I, and his wife was to have a life lease, although he did not put this in writing. My father recently passed and we found out that he and his new wife had taken out a mortgage on the home. Do my brother and I still have any rights to the home?
A:
Possibly. But first, let's step back a generation...
The home is on your grandfather's property; did that pass to your father at some point? To whom?
If your father was legally married to your stepmother, she is entitled to a spousal elective share, which in many cases absorbs the entire value of the estate. Without a will or deed, the house is subject to probate. Another consideration is that if your father and his wife are both on the mortgage, it's possible they could have recorded a deed for joint ownership, in which case the house is now her's.
Best first thing to do would be to find out what the last recorded deed says.
Nina Whitehurst agrees with this answer
A:
Mr Geer's answer is correct, but I add to emphasize that the ONLY way to impact real estate in Michigan (with some VERY limited exceptions) is by putting it in writing. If there was nothing in writing -- a deed, a will, and/or a probate court order etc -- the title is not impacted.
What your father 'said' or 'intended' is not really going to amount to much and if there is nothing in writing, the 'fallback' of Michigan intestacy law will take precedence. This is also true when examining what the deal with Grandfather's passing of property is concerned.
You've actually asked a rather complicated question, and it is impossible to answer without a thorough review of the title to the property to determine what the status is.
Seek local licensed legal representation to review all the relevant documents or else we're all just 'shooting in the dark' here. Get local representation!
-- 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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