Allen Park, MI asked in Real Estate Law for Michigan

Q: hi I have a partially paid land contract that my cousin left to me upon his death, can his son his beneficiary take it ?

I'm in possession of the original deed and the contract and his will for this signed and notarized.

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1 Lawyer Answer

A: You've used two different terms that make me think you're not understanding how this works.

If you are the DEVISEE (named in a will) and the asset passes through probate, then a 'beneficiary' doesn't exist and you're good.

If there is a BENEFICIARY named in some way, then the will isn't effective and you may have issues.

Bottom line: without seeing all the paperwork and talking with you about the details, it is impossible to know what your status may be. Seek out a LOCAL LICENSED ATTORNEY, make a few phone calls and see that person to get real advice. Without that, we're shooting in the dark and the answer could be 'yes' 'no' or 'maybe'!

Most attorneys offer free or very discounted cost initial appointments so you can get a sense of what things will cost before you commit to the expense! Seek that local attorney help!

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