Legal Question in Wills and Trusts in Michigan
My parents divorced last year. My father has since remarried and bought my mother out of our vacation house. The understanding has been that my sister and I will inherit the home, which apparently has been conveyed to the new wife. As of now, the deed is only in my father's name. Obviously, we need to get our names on the deed first. My question is, is there any way that the new wife can lay any claim to this property if my sister and I are on the only ones (besides my father of course) named on the deed? I want to ensure (leaving my personal thoughts at bay here) that someone who hasn't lifted a finger to build (literally) this house can't stake a claim to it. Thanks!
1 Answer from Attorneys
In Michigan, there is an interest of all married women in thier husbands real estate called "dower". If you have a deed drafted to include you and your sister make sure there is a line for your step mother to sign the deed as well. This will waive her dower interest. The only alternative is for you father and stepmother to have an antinuptual agreement in case of divorce where she waives her interest to all of his land in writing. Please contact me to discuss in more detail at www.johntatone.com
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