My mom is elderly, 87yrs old. Her final request is that her house and property be sold and divided equally among the surviving children and one son in law. There has been a paper drawn and notorized expressing her final wishes.
Here is the dilema. My sister and brother in laws names are on the deed to her property. Something done 30yrs ago per the advice of some 'person'.
What I need to know is if my sister and her husband are legally bound to keep my mothers final wishes concerning her property.
She doesn't trust them now and neither do I.
Thanks for any help.
I live in Michigan if that helps with any possible answer.

justabouthadit

mr.yet

Here is a link to Michigan probate, may help

http://courts.co.calhoun.mi.us/notes000.htm

Good luck

Fr_Chuck

This can be a serious problem if they don't agree to do it. Best bet is to go ahead and get all the people who are to divide the house added to the deed.

If they will not go along with the sell and division, this can end up being fought in probate court and spending more money than the house may be worth.

Before her death, she should go to a good attorney and have it all settled so that there is no legal problem.

justabouthadit

I wish to thank both parties for their responses! It has helped so very much.
My Mom was shocked to find out that what she thought was right might not be right afterall...
Again..I want to thank you both and your assistance here will be very appreciated.

justabouthadit...

fredg

Hi, justabouthadit,
You have received some very good answers.
I'd just like to add that in most states, the Will or Intent in this case notorized, usually is the law.
But, just to make sure, you and your Mom are removing all doubt by having all the person's names involved, added to the Deed. That will protect her wishes.
I do wish you and your Mom the best. It is MUCH better to get this worked out now....been there, done that....the hard way!

CaptainForest

Fr Chuck's advice about putting your name on the deed as well is a good idea.

However, I wish to point out a caution for your mother.

Since your sister's name is on the deed, if she gets into financial trouble, they can come after all her assets (and that includes your mother's house).

And the same will then apply if your name is on the deed.

Your best option is to remove your sister, but if that is going to be too much of a problem and you feel like you sister is ok financially, then go ahead and have your name put on the deed.

justabouthadit

Wow..I never realized the vast array of possibilities here.
I have discussed with my Mom adding my name to the deed. I hope it is not an expensive process. Money is tight all the way around, except of course for my sister, she is set financially.
thanks again

Fr_Chuck

So right Capt,

Just on this site over the last couple of months, there have been people who have had thier money or thier mothers money taken out of the bank accounts because one of the people listed on the account had a debt that got a judgement on it. The same could happen with a house, if anyone of hte listed parties had debts that went into court, a lien could be placed on the house, if they are a listed owner.

It works easier for me, as a only child, I had my name added to the bank account and the house, at least by what the attorney says, we don't even probate, at her death, I just become the sole owner. Hope I won't have to see how it works for many years,

justabouthadit

It has been awhile since I have responded to this dilema.
Unfortunately the findings were not good, not good at all.
Unless you have only one heir it is my advice to NEVER enter into a 'joint tenancy' agreement. To do so disinherits all of the other siblings and not only that you are actually signing away all of your rights to your property. You cannot even sell your own land without the permission of the other parties on the deed.
This is an unholy and immoral document that should be made illegal. It is done mostly by persons who wish to obtain a persons property free and clear. The original owner can NEVER change their minds...not ever and to even try would quickly clean out any or all of your savings.
Unsuspecting elderly or grieving persons are the once most vulnerable to this ruse.
Shame on the people who pull this dirty little trick.
Justabouthadit!

mr.yet

Since your mother has a will, it may to possible to challange the deed, her final wish is that her asset be sold, she is part owner of the property, try to enforce her half of the asset as per her final wish in probate. Her name is on the Deed correct??? If nothing else the opposing party will have to fight to try and keep it>