Legal Question in Wills and Trusts in Michigan

My dad died in July 2010 and my mom died in Oct 2010. Long ago mom and dad put their house in my brother's name to avoid probate, and stated in their will that the estate was to be divided between the 3 of us kids after they died. Two questions: 1) A couple years ago I borrowed $5,000 and have been paying them back so that the balance is around $3,000. Am I required to repay a promissary note that I gave them? 2) Is my brother required to sell the house so that it can be split 3 ways? THANK YOU very much for your assistance in answering my questions. KH (I live in NH, my parents in MI so I gave you their zipcode)


Asked on 7/28/11, 11:26 am

2 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

The house belongs to your brother, as it is in his name. This trumps probate. As to your loan, if the estate has proof, you would be required to pay it back, or lose that amount from your share of the estate. Tim Klisz kliszlaw.com

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Answered on 7/28/11, 11:41 am


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