Legal House Deed Question.... - Page 2

MarieIG · ‎03-10-2010

Laws differ from state to state. It is possible your MIL can do a new deed now and put the other son on with rights as survivor. The mortgage isn't going anywhere as the bank's rights survive. As for a free consultation, expect it to be short. Attorneys have overhead and other than some cases which allow for a contingency fee (such as personal injury) attorneys make their money buy selling their time - which is finite.

Do the math.

SahmIam · ‎04-16-2010

Laws differ from state to state.

Just because a will says something, doesn't mean the executor will follow through, especially if they have something to gain (seen it happen too many times and it has happened in my family quite a bit).

Probate costs can be so expensive that the heir/heirs may choose to walk away or sell their share to someone else (in the will) so it can be settled (saw that happen a few times). It is for this reason that my in-laws placed my DH on the deed of their house. They have other houses in other countries but only in the US can the cost of probate cause the person to say "sorry, can't afford to do this", not to mention taxes.

Definitely speak to an attorney. Good luck!! : )

tsavorite · ‎03-09-2010

Thanks for responding....yes my MIL just recently passed. I only saw the will recently and no other paper work so that is why I asked.

I also just remembered a close friend of mine a few yrs back had this happen...her Mom passed away and only a will done by an attorney. It said that both of her daughters and her boyfriend who the Mom lived with in the home should get the home divided equally. WHAT a long nightmare....it took almost 6 months....posting in papers for debtors to come forward and so on until finally the judge signed the deed over to the "3" of them listed and it finally went up for sale. In this case the home was paid off so everyone was very interested in getting this done.

In my MIL's case there is NOTHING....just a full mortgage....no assests. Like I said my husband wants NOTHING to do with it at all but he is listed on this will with other brother's to get things divided equally. So if the oldest who says he wants it will have to go to probate and begin this process....he is the executor.

I just want nothing to do with any of it....H and I feel same way....we want to just turn it over to the bank and be done with it.

Allegheny · ‎03-19-2010

@tsavorite

Try looking up the phrase "refusing inherited property". They will refer to "disclaiming inheritance listed in a will". Still probably should seek legal advice.

chickenbutt · ‎03-09-2010

If she is still alive I would ask her to take the house OUT of her will and then just let it go back to the bank when she dies. If it is mortgaged to the hilt, perhaps even beyond the actual market value, there is no point in surviving family members having to deal with it.

Having said all that, however, what I'd be afraid of is that, in willing it to her son (or whomever), that would cause him to owe the money due on the mortgage. This isn't a case of that being a worthwhile endeavor, IMO.

Beyond that, as others have said, each state has its own laws and I would consult somebody who is familiar with said laws.

Oh, never mind. I got interrupted and had to walk away mid-post so I didn't see that she has already passed.

Zhills · ‎11-15-2011

A recent program stated that "Every WILL must go through probate!" Suggested putting belongings into a TRUST instead so it would just go directly to person designated in the trust.

Should have listened more closely!

phoenixbrd · ‎03-27-2010

If you follow the free consultation advice, just be prepared for the meeting to be cut short if the attorney doesn't get a whiff of a piece of the pie...

@minkbunny wrote:
As said by the others, each state has their own laws regarding the transfer of property and goods.

An attorney usually will offer a free consulation to discuss the matter with you.

noodleann · ‎06-10-2015

@tsavorite wrote:
Thanks for responding....yes my MIL just recently passed. I only saw the will recently and no other paper work so that is why I asked.

I also just remembered a close friend of mine a few yrs back had this happen...her Mom passed away and only a will done by an attorney. It said that both of her daughters and her boyfriend who the Mom lived with in the home should get the home divided equally. WHAT a long nightmare....it took almost 6 months....posting in papers for debtors to come forward and so on until finally the judge signed the deed over to the "3" of them listed and it finally went up for sale. In this case the home was paid off so everyone was very interested in getting this done.

In my MIL's case there is NOTHING....just a full mortgage....no assests. Like I said my husband wants NOTHING to do with it at all but he is listed on this will with other brother's to get things divided equally. So if the oldest who says he wants it will have to go to probate and begin this process....he is the executor.

I just want nothing to do with any of it....H and I feel same way....we want to just turn it over to the bank and be done with it.

Here's the problem I have with the statement I've bolded. I know it's what you believe, but it doesn't make sense for the older brother to be so insistent about wanting the house if it's just a pile of debt. I would suggest that there's something you/your DH don't know about the situation that might change how it appears. For example, the house itself might be basically worthless, but what about the contents? Does the deed to the house include mineral rights, and could that be an asset that's now become valuable? Is it possible that a developer would like to buy the property to raze and has privately offered the brother considerably more than the mortgage balance to get the property?

I'd suggest holding off on doing anything before finding out why the brother is so determined to get that house.

Lipstickdiva · ‎03-10-2010

YOu need to contact an attorney in your state. I work for a law firm and I handle mostly probate and estate work. If what you said above is what Suze said, that is not true in the State of Ohio.

Some of what has been said here by posters also isn't correct in the State of Ohio.

For instance, there are ways to get a house to someone without creating a Trust and without going through Probate. There could possibly be medicaid situations to consider and many other issues.

Pearlee · ‎06-11-2011

@Zhills wrote:
A recent program stated that "Every WILL must go through probate!" Suggested putting belongings into a TRUST instead so it would just go directly to person designated in the trust.

Should have listened more closely!

@Zhills A program? You mean television? Was it Perry Mason?

I would not rely on a television program for legal advice.