Legal Question in Wills and Trusts in Michigan
will written but not registered, obtaining
how can I obtain a copy of an unregistered will? My grandmother wrote a will before her death, It was written by a lawyer in the family. This will was never registered. My grandmother wrote a will with a family member who is a lawyer. The will is not registered at the county. My mother lives in the house and has taken out a mortgage. The house was supposed to for the grandchildren. All we want to know is how can this happen. How can a persoN take a mortgage out on something that supposedly is not theirs. Hard to explain in a letter.
But at least the question is there.
Sincerely,
2 Answers from Attorneys
Re: will written but not registered, obtaining
First of all, registering a will means nothing. It is simply held for safekeeping, if it is registered. Even a registered will can be changed at any time before the death. The fact is, your grandmother may have promised the house but it is a meaningless promise as long as she owns the house. She can mortgage it, etc. If there is no equity or value left in the home at the time of the death and if the will says the grandkids get the house, they get nothing. Any specific bequest in a will does not pass to the beneficiary if the property is not in the estate at the time of the death. She could change her will anyways before her death, whenever she wants, as long as she is competent. William S. Stern
Re: will written but not registered, obtaining
I would need more information regarding the actions taken by your late grandmother. have you checked to see if the property was transfered to your mother by deed from your grandmother? I need more information. Please contact my office at (248)851-3171.
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