My mom died in 2016. My brother was in charge of my mom's estate and even had one of his kids living in our moms house since 2016 until recently (he never consulted me). Moms house was just sold at auction a few weeks ago, After back taxes were paid there is a sum of money left over. My... Read more »
Am I able to assume her Mortgage and keep making the payments or am I required to sell the home and land. I want to keep the property and can make the payments. But I don't know how the process goes and am feeling overwhelmed.
You can keep the property and continue making payments. Federal law, 12 USC 1701, invalidates a due-on-sale clause in this instance. You may want to confirm this with the lender because, although I believe this law to be applicable, there may be facts of which I am not aware.
My mom hired someone to prepare Lady Bird deeds to leave her Michigan land to her children. What the attorney has prepared is simply a quit claim deed in the first paragraph and then has an appropriate sounding Lady Bird clause below it. This is unlike other deeds I have seen where they state in... Read more »
This is a forum for general questions. If you'd like a second opinion, you'll need to hire a local attorney to help. You can look up attorneys by practice area and location on this site. Give a call and a 'remote' review of documents is often possible...Read more »
My grandfather has Alzheimer’s. My aunt is POA and the only living child of his. Can she start giving away personal items in the home such as family momentos, clothes, furniture, tools, etc before selling his home to move him? What about holding a living estate sale?
What kind of problems present itself in probate court if the LW&T states John Joe versus John H. Joe or John Harry Joe? Should i request that John's lawyer re-do the LW&T to include middle initial or middle name?
It is VERY unlikely to cause issues. Usually there is something else in the will that will clarify any 'ambiguities' (e.g. "My Wife Jane Joe", and "my children John Joe Jr and Billie Jo Joe-Harris" are identified in the will) which would make the identity of the...Read more »
Can she do this? Im the oldest brother is not 18 yet. She said she wants the house in her name and if anything happens to her then the house would go to me. I thought I was next of kin. Please help with any advice. So being that I am over 21 she can still get the house from us?
I lived with my mom my whole life. I am the only living child besides one grandson that didn't show up to court. I plan to continue living in the house which is her only property. Do I need to involve him if there is nothing for him to inherit?
Is this grandson your son? If so, then no, you don't need to include him. If he is the child of a sibling that is deceased, then yes, you do need to account for him. If he is the only grandson, he would inherit whatever his mom or dad (your sibling) would have received. If you had just one...Read more »
My dad is from the state of Michigan where he has a home and pays taxes. However recently he has been moved to a nursing home in the state of Wisconsin. He would like a durable power of attorney with me as appointee, should I get these forms based out of Wisconsin because that is where he will be... Read more »
My sister is in the hospital, for kidney disease and another life-threatening illness. She will remain there for another 7 weeks, after which she is expected to get a kidney transplant. She is mentally competent--understands what the doctors tell her, has normal conversations with us and can... Read more »
The mortgage isn’t your real problem. It is the deed that matters.
And no you can’t just transfer a house through probate without taking creditors — and the other heirs — into account. There may be options but without seeing all the details (which would not be appropriate in a...Read more »
The deceased partner owned the home. The surviving partner provided almost all of the furnishings. The personal representative for the estate needs to provide inventory for probate. Do heirs have a claim on the survivor's personal property? How do you prove who owned what? There are some... Read more »
First question to ask is whether this is an issue. In other words, is the personal representative contesting the surviving partner's claim in the property? If not, then there's not much of an issue; the court is not interested in sifting through items of personal property. If there is an...Read more »
Yes, you can hire another attorney to help you administer the trust. Sometimes the firms who draft trusts are limited in what they can later do, because they might have a conflict of interest. Other times, clients may wish for the law firm to do things but perhaps those responsibilities are not...Read more »
January of 2020. Before she went to the nursing home. she put a new roof on the house. She applied for Medicaid in January. She was denied because DHHS said that the value of the new roof is a divestment of three-fourths of the $13000 roof cost. They are more or less saying that the life estate is... Read more »
There are rules that cover whether you need to pay. Your attorney is looking at the big picture of the estate, taking in to account the inventory, whether any property is secured (e.g. a car with a loan, house with a mortgage), and anything else that may play a factor in this particular estate. You...Read more »
My mom named me her agent on a durable POA for all real and tangible personal property and highlighted at the end that it went into effect immediately (Dec '13) and was to "CONTINUE UNTIL REVOKED" - in all caps . Mom got her wings last April. After I refused to sign a letter of... Read more »
A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.
Unfortunately, the executor(my grandmother) of a college fund left to us by our great grandmother is estranged to my siblings and I due to my parents' divorce and our choice to be with my mother for 100% custody after a 50/50 arrangement for 3 years when I was in middle school. 2 years ago,... Read more »
It sounds like you are a married couple and your plan of distribution at the first death is "survivor takes all". That being the case, utilizing death beneficiary designations or joint tenancy with survivorship title holding is effective to vest ownership in those assets in the survivor....Read more »
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