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Death in the family

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chainedaisy

Junior Member
What is the name of your state? MI

My brother passed away last week. I'll try to make this short...
He lived in a home since about 1986 that my parents helped him buy. Their names were on the title (not his) and he was going to buy it from them. Meanwhile he lived there and made house payments and I think maybe paid the taxes. 10 years ago he married his second wife and they lived there together for 7 years. Shortly before she left, the house went into foreclosure and my parents had to make several back payments on it and have made the payments and taxes on it for 3 years. He and his wife never divorced (he couldn't afford it) but as soon as he died she started breaking into the house looking for (we're assuming) titles for the house and his boat. She keeps referring to it as their "marital home", even though they hadn't lived there together in over 3 years. The house is due to be sold in the next 3 weeks and we are scared to death she is going to try to take the money from the sale which is supposed to go to: 1) our parents to pay for their cleaned out bank accounts and IRA & 2) My brother's adult children.

Is there any way she can get any of this money? The house is legally supposed to be my parents', and from making the payments on it, they have no money left to even hire a lawyer with. They are in their late 60s and poor health also, and don't need this kind of stress after the grief of losing their oldest son. ANY help with this will be greatly appreciated!
THANKS!
 


BelizeBreeze

Senior Member
First, Condolences on losing your brother. I've had three deaths in the past year so I know what you're going through.

Tell the freeloading piece of crap to show you a deed with her name on it or one with your brother's name on it.

When she can't tell her to hit the road. If your parent's names are the only one on the deed (title is for trailers) then tell them to sell it and be done with it.
 

chainedaisy

Junior Member
Here's another fun little aspect. My brother was 10's of thousands of dollars in debt when he died. Will she get stuck with all this?

Frankly, I'm hoping to hear a yes.
 

I AM ALWAYS LIABLE

Senior Member
chainedaisy said:
What is the name of your state? MI

My brother passed away last week. I'll try to make this short...
He lived in a home since about 1986 that my parents helped him buy. Their names were on the title (not his) and he was going to buy it from them. Meanwhile he lived there and made house payments and I think maybe paid the taxes. 10 years ago he married his second wife and they lived there together for 7 years. Shortly before she left, the house went into foreclosure and my parents had to make several back payments on it and have made the payments and taxes on it for 3 years. He and his wife never divorced (he couldn't afford it) but as soon as he died she started breaking into the house looking for (we're assuming) titles for the house and his boat. She keeps referring to it as their "marital home", even though they hadn't lived there together in over 3 years. The house is due to be sold in the next 3 weeks and we are scared to death she is going to try to take the money from the sale which is supposed to go to: 1) our parents to pay for their cleaned out bank accounts and IRA & 2) My brother's adult children.

Is there any way she can get any of this money? The house is legally supposed to be my parents', and from making the payments on it, they have no money left to even hire a lawyer with. They are in their late 60s and poor health also, and don't need this kind of stress after the grief of losing their oldest son. ANY help with this will be greatly appreciated!
THANKS!

My response:

First, Michigan is a "separate property" State. Second, and in the absence of a contract between he and his parents, and since his name was never on the title, then he and his wife were merely "renters", not buyers. The wife has no claim to the property.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
chainedaisy said:
Here's another fun little aspect. My brother was 10's of thousands of dollars in debt when he died. Will she get stuck with all this?

Frankly, I'm hoping to hear a yes.

My response:

Probably not. Only his Estate is responsible for his debts.

IAAL
 

basmad

Junior Member
So Sorry for your loss. These are the kinds of things you should not have to deal with at this time... A few questions for you to think about or look into...Did your brother and father have a contract for payment to the house, or any written arrangements? That may be helpful in the future (no guarantees though, there are funky laws out there) Also did he by chance have a will? This might help his adult children, as well as any others though.
Good luck to you and your family.
 

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