Legal Question in Tax Law in Michigan

Totally Lost

My dad 80, lost his wife 64 in June of 2005, in her will she stated that the condo she owned would go to nephew, but dad could live there till he died. The condo in the will was sold 5 years pryor, then she bought a house and 19 daysbefore her death they sold that and she bought another condo. The nephew is in charge of the will and all my dad hears is that they must go to probate. Now the nephew wants my dad to get hospital records so he can sue, I don,t feel that it is up to him but my dad, since it was his wife that died. This week we bought my dad a home near us and the condo is sitting, my Dad also lent thennephew 23,000 so he could by a home on the water and my dads wife was is process of getting a loan herself to pay my dad back when she died, All he has is a canceled check made out to the nephew and he hasn,t paid him a dime back yet. If the codo is sold can my dad somehow put a lien on it so as to get his money back? I know this is so confusing but can you help me out with any of this?


Asked on 3/25/06, 8:04 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Totally Lost

You are right. It is confusing and you really need to retain an attorney to review the will/estate and your dad's specific circumstances to try to determine exactly what he is entitled to, if anything. It may very well be that since the condo he received a life estate in is now sold and no longer a part of the estate, he is not entitled to a life estate in the newer home/condo unless he contributed to the purchase or unless his name is on the deed. I notice that this is the second time you submitted this situation to lawguru. This is not a site for free legal advice, but some attorneys are willing to donate a little of their time to answer on-line general questions about the law. The general on-line responses you read on this site are certainly not intended to take the place of a consultation with an attorney.

Please find an attorney who will take the necessary time to evaluate your dad's situation and be prepared to pay him or her for his or her expert advice that will be tailor-made for your dad's benefit.

Good luck.

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Answered on 3/26/06, 9:33 am


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