Mothers death

[jenpostma]

I live in Michigan, and my mother passed two years ago. After her death her unemployed husband became responsible for paying her mortgage in order to keep her house. He asked me to move in and help me with the bills. I did and in return he put my name on the deed along with his. He did this to thank me for paying the mortgage and because he wanted the house to stay in my moms family. A year ago he decided to remarry and move his new wife in. Since she was able and willing to pay the bills, I moved out. He now wants me to sign off on the deed so that he can put her on the deed. I do not want to do this. My mom purchased this house specifically not putting him on the original deed because of marital problems. When she passed of course he was the next of kin so he got the house and her life insurance. He squandered the insurance money, not putting anything aside for my nieces, two little girls my mom helped to take care of financially. After her death, my moms sister and I set up a trust fund for my nieces. I would be willing to sign off on the house if he deposits $30,000 into this trust fund. This amount is 60% of her life insurance. This is the amount he should have set aside for my nieces in the first place. If he does not want to buy me out for $30,000 then I want 40% of the value of the home at the sale of the property which will go into the same trust fund. Do I have a legal leg to stand on? Can he force me to sign off on this house?

 

[FlyingRon]

I'm having a hard time following the chain of title. "Next of kin" doesn't necessarily get the estate or insurance proceeds.

But be that as it may, if he put you on the deed, you own half the house. You're under no obligation to deed it back to him and he's under no obligation to fund these trust funds. Obviously if you negotiate a sale price to sell it to him (under whatever terms you want) then that would resolve the issue. It would behoove you to get a lawyer involved as there are TAX liabilities in all these transfers.

One of the two of you may also bring a partition suit which usually ends up in the house being sold an the proceeds split.

 

[nextwife]

The life insurance BELONGS to the named beneficiary. If mom wished life insurance to be left specifically for these nieces, she needed to either name a percent of the benefit as going to them, or have a seperate policy naming them as benficiaries.

If new wife wants a house or part of a house, she can go buy one or get part of his part. You have no obligation to deed her or stepdad your interest..