Legal Question in Wills and Trusts in Indiana
My mother passed away and after she passed away she still owed money on her house. We had the deed put into my sister's fiancees' name, but the loan is still in my Mother's name. Can he kick out my sister and take the house away from her? Or there something we can do to keep the house in the family?
2 Answers from Attorneys
Who "put the house in his name"? Take your mother's will if there was one, and the deed, to a lawyer's office right away. As it stands now, the owner of the house decides who lives there.
Would it be so bad for your family to take advice from a real lawyer, even if you had to pay for it? Assuming your mother had title of the house in her name when she died, then the only way title could legally vest in someone else is by way of some action under the Indiana probate code, probably a probate court order for distribution after an estate has been opened, or by tax sale or foreclosure. If your family somehow legally conveyed title to an evil boyfriend, then he will probably be able to determine who stays and who goes. Gather your documents and information and make an appointment with a local lawyer experienced in probate and real estate law. Good luck.
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