Legal Question in Wills and Trusts in Michigan

My father in law (D) passed away 2 yrs ago. His house was paid off. He allowed my brother in law (J) to take out a mortgage on his (D) home to finance building J's home. Now that D is gone, J never finished the home so there is still a mortgage on D's home that belongs to J. My husband (G) is the executor of the estate for his parents. When my mother in law dies, we are supposed to do a quick claim with our name on it. I am afraid that we will be stuck paying for my brother in laws mortgage if we do this. Can't we have J put the quick claim in his name since it is his debt that is on the house?


Asked on 8/30/12, 7:07 am

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

It's a little complex and I would need to ask a few more questions before advising. Tim Klisz kliszlaw.com

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Answered on 8/30/12, 7:15 am
John Tatone John R. Tatone & Associates PLC

If your concern is the debt and who should be responsible, it may be best if J signs a promissory note to mother-in-law acknowledging debt. Quit Claim deed does not make sense under the facts stated. Please contact me to discuss in more detail at 888-988-LAWS (5297)

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Answered on 8/30/12, 2:13 pm


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