Three Rivers, MI Estate Planning Law Firms & Lawyers

Very possibly. Your home could become community property after a while and he would be entitled to one-half the value. In order to prevent that, you should have had a pre-nup. Since it is now too late for that, you and your spouse could enter into a post-nuptial agreement where he agrees that the house is your sole and separate property and he has no rights in it. I suggest you consult with a local attorney about all of the issues arising from the marriage.

There's more to closing an estate than handing out the inheritance. The executor needs to notify all your grandfather's creditors and debtors, collect and inventory the estate, pay off all the debts and taxes he owed, and file various reports with the probate court. Only then are the remaining assets distributed according to the will. This process takes a minimum of 6 months and usually longer. Hardship is generally not a valid reason to pay a beneficiary before the process is complete.

Best to reduce the lien to judgment by bring a lawsuit against the person, and recording a judgment against the property, unless the loan document provides for an alternate method.