Maybee, MI Estate Planning Law Firms & Lawyers

A trust is the best and safest way to accomplish your objective. Your son could be the trustee, if you wish. If you give the funds directly to your son, however, they are his to do with whatever he wishes. If he gives them to his son, it could be considered a gift. A trust eliminates the need for probate and makes sure your intent is clear. The trust should be drawn up by an attorney.

Your situation is not clear. Adopted children inherit the same way as biological children. It sounds like the child was adopted out, though? If a child has been adopted by someone else, then parental rights of the original parent may have been terminated. There is no way of knowing that without checking the probate file. It sounds like that child has now died as well. Is your father still living? If so, then he can plan his estate in a way that this will not be a problem. If he is no longer living, then there is a chance that the grandchild could be entitled to an inheritance. Lots of additional information would be needed. Was the paternity ever acknowledged or determined in any way?

The title determines the owners of the property not the mortgage. You may deduct some costs from grandfathers share, but he's still entitled to a share of the proceeds.