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Help with probate issue

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Debysu63

Member
Michigan
I lived with my fiance whom had a land contract. He had asked seller to add my name to it in case something happened. Seller is fiance father in law Seller did not want to go through hassle and said he would make sure if something happened would transfer to me. My fiance passed, I have been here since he made 1st payment, over 6 years now. Anyway he left me small insurance and I paid this place off and seller said did not need to go with to have transferred, it will be sent in mail. Well instead he put deed in deceased fiance name, so now am out my money, no home as has to go through probate. No one wants to deal with that as is not worth it anyways. But because has to due to SEV on assessment. But that is no way what will this is worth. This trailer is falling apart and not worth another dime. Also his sister is saying I have to pay insurance and it does not even cover my stuff, and that I am going to have to pay for probate costs to keep this place. I took care of this man, he was very sick. No one helped me. I paid for cremation and death certificates and hall for service. No one helped me. I am disabled, 63 female being pushed out into homelessness.. What recourse do I have here? And do I have to keep insurance when not in my name and does nothing for me? Im throwing money away that I need. They draining me dry.. I really need some answers, as am all alone here...
 


LdiJ

Senior Member
Michigan
I lived with my fiance whom had a land contract. He had asked seller to add my name to it in case something happened. Seller is fiance father in law Seller did not want to go through hassle and said he would make sure if something happened would transfer to me. My fiance passed, I have been here since he made 1st payment, over 6 years now. Anyway he left me small insurance and I paid this place off and seller said did not need to go with to have transferred, it will be sent in mail. Well instead he put deed in deceased fiance name, so now am out my money, no home as has to go through probate. No one wants to deal with that as is not worth it anyways. But because has to due to SEV on assessment. But that is no way what will this is worth. This trailer is falling apart and not worth another dime. Also his sister is saying I have to pay insurance and it does not even cover my stuff, and that I am going to have to pay for probate costs to keep this place. I took care of this man, he was very sick. No one helped me. I paid for cremation and death certificates and hall for service. No one helped me. I am disabled, 63 female being pushed out into homelessness.. What recourse do I have here? And do I have to keep insurance when not in my name and does nothing for me? Im throwing money away that I need. They draining me dry.. I really need some answers, as am all alone here...
The seller took advantage of you. He either knew that he could not put the trailer into your name (due to the contract) or was too lazy to do so. In either case, he took your money under false pretenses, as the insurance money was not part of the estate, and you had no obligation to use it to pay any of your fiance's debts or contractual obligations.

Since it is a trailer, and not real estate you might consider filing a small claims case to get your money back from the seller. It may not be a winning case, but I think you have some chance of making a case for fraud. It won't get you the trailer, but it might get you your money back.

I also don't see that you have any obligation to provide insurance on something you don't own and may never own. You certainly don't want to pay for probate as there is no guarantee that you will end up with the trailer if you do. You could consider renter's insurance just to cover your own things and your own liability if you are going to continue to live there for a time, but not insurance that provides you no benefits.
 

Debysu63

Member
The seller took advantage of you. He either knew that he could not put the trailer into your name (due to the contract) or was too lazy to do so. In either case, he took your money under false pretenses, as the insurance money was not part of the estate, and you had no obligation to use it to pay any of your fiance's debts or contractual obligations.

Since it is a trailer, and not real estate you might consider filing a small claims case to get your money back from the seller. It may not be a winning case, but I think you have some chance of making a case for fraud. It won't get you the trailer, but it might get you your money back.

I also don't see that you have any obligation to provide insurance on something you don't own and may never own. You certainly don't want to pay for probate as there is no guarantee that you will end up with the trailer if you do. You could consider renter's insurance just to cover your own things and your own liability if you are going to continue to live there for a time, but not insurance that provides you no benefits.
The trailer has to go through probate due to the SEV assessment, making it valued at 30,100... cut off is 27,000. Although that is not what it is worth by any means. Thank you for your response, I just feel am taking advantage of cause am all alone. Like the cremation. Not one family member put in a dime for it. They said it had to be me.
 

Debysu63

Member
In addition to the seller transferring to deceased fiance, the seller is trying to make me pay for the transfer and recording fees. $500.00. I refused because not in my name. Now he is upset and wants his $500.00 and says I have to pay it cause he would never have transferred if knowing I didnt want it. I said I would never paid off if wasnt going in my name like you led me to believe. So now he putting in a claim when goes to probate to get his money. Why are they all coming after me for money for something I dont own?
 

Debysu63

Member
Maybe you should clarify your question. I am not sure what you are asking that she hasn't already answered.
Am I responsible for paying the fees for deed transfer of deceased.. was put in his name 6 weeks after he passed. My name not on anything and seller says I owe it, cause I live here.. and I am supposed to keep insurance that does not benefit me in any way at all. I am just overwhelmed and just feel I need to walk away before they leave me penniless..
 

LdiJ

Senior Member
Am I responsible for paying the fees for deed transfer of deceased.. was put in his name 6 weeks after he passed. My name not on anything and seller says I owe it, cause I live here.. and I am supposed to keep insurance that does not benefit me in any way at all. I am just overwhelmed and just feel I need to walk away before they leave me penniless..
No, you are not responsible for any of that at this point. Nor are you responsible for the transfer fees, and it is possible even your fiance would not have been responsible for the transfer fees. He wasn't responsible unless the contract said he was responsible.

Now, one of two things is really going on here. Either the sister thinks that you will eventually own the home and therefore thinks that it is only fair that you pay the probate and insurance costs, or she is trying to take advantage of you. I lean towards she is trying to take advantage of you.

The seller is flat out trying to take advantage of you. His argument that you are responsible for the transfer fees because you live there is absurd. He has already taken advantage of you by conning you into paying off the contract by making you believe that the home would be transferred to you.

I agree that you need to walk away from the home without spending another penny on it. I would be tempted to sue the seller to get your money back.
 

Ohiogal

Queen Bee
Michigan
I lived with my fiance whom had a land contract. He had asked seller to add my name to it in case something happened. Seller is fiance father in law Seller did not want to go through hassle and said he would make sure if something happened would transfer to me. My fiance passed, I have been here since he made 1st payment, over 6 years now. Anyway he left me small insurance and I paid this place off and seller said did not need to go with to have transferred, it will be sent in mail. Well instead he put deed in deceased fiance name, so now am out my money, no home as has to go through probate. No one wants to deal with that as is not worth it anyways. But because has to due to SEV on assessment. But that is no way what will this is worth. This trailer is falling apart and not worth another dime. Also his sister is saying I have to pay insurance and it does not even cover my stuff, and that I am going to have to pay for probate costs to keep this place. I took care of this man, he was very sick. No one helped me. I paid for cremation and death certificates and hall for service. No one helped me. I am disabled, 63 female being pushed out into homelessness.. What recourse do I have here? And do I have to keep insurance when not in my name and does nothing for me? Im throwing money away that I need. They draining me dry.. I really need some answers, as am all alone here...
Did your fiance leave a will? He should have done that. Then you would be able to inherit if he listed you as beneficiary. Or you could have married him. As it is, your money is considered rent.
 

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