Legal Question in Real Estate Law in Indiana

Re: Buying mom's house??

Your mother, with the active assistance of you and your husband, is creating a mare's nest of a legal problem. As matters now stand, by your agreement to pay the mortgage in exchange for title to the house, you may have an enforceable equitable lien on the property to the extent of your contributions. With no will, all your mother's property will be divided equally among her children. If you are not her only child, then your siblings will have a legal claim on the house, and you will have to fight them off to assert your equitable lien, which will require opening an estate and filing a claim soon after your mother's death (don't wait more than three months.) If there are no siblings, but only creditors to worry about, then you still have to open an estate, file your claim for equitable lien, give the creditor's notice, and hope that the court recognizes your lien as a priority against the creditors' claims. Don't be surprised if the probate court appoints an independent administrator to sort out the claims of yourselves and the other creditors. The main thing is, after death, open an estate, so no one can seize anything without court permission and you can get title to the real estate. That will give you a chance to claim and prove that all the property in question is really yours. Don't monkey around with this on your own; retain a local attorney experienced in probate matters. Start thinking about documenting your claims. Your mother could make it much less complicated by following the advice of a good local lawyer. And maybe, if your mother is going to be so stiff-necked about making a will or giving you a deed, you and your husband should start looking at other real estate options. Good luck.