Legal Question in Wills and Trusts in Michigan

My husband owns a home together with his Mother and brother (home was purchased about 4 years ago - we have been married 13 years). The brother lives in the home and pays the mortgage. If my husband were to pass, am I in any way legally bound to this obligation?


Asked on 1/04/10, 10:27 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

It depends how the property is held and if your husband's interest in the property would immediately transfer to you, or if it stays with the survivors, i.e., the mother and brother. If your husband's interest reverts to the other 2 joint holders upon his death, then you have no interest in the home, barring any argument under marital or dower rights.

If your husband's interest in the house passes to you, then yes, any equity or liabilities associated with the house then become your responsibility unless you relinquish or refuse the interest. You essentially take the place of your husband. You need to look at the Deed to determine how the property is held, and any estate planning documents that transfer ownership or interest in the property. If you need a thorough legal analysis after reviewing these documents and performing more investigation, please contact me.

Thank you.

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Answered on 1/09/10, 7:33 pm


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