Tekonsha, MI Estate Planning Law Firms & Lawyers

You can always file another motion to make another change. If you can show the Judge that 1) you had a good reason for missing the hearing, and 2) you have been acting appropriately as the PR, you may be allowed to remain PR. Please note, it is unusual for the PR to live in the home for an extended period of time. Unless the testamentary documents directly gave you this right, then you would normally be expected to use the property solely for the benefit of the beneficiaries of the estate. Personal Representatives will sometimes allow someone to live in the home of the deceased, but will normally charge rent or reduce the inheritance of the beneficiary, unless all beneficiaries agree to allow someone to stay in the home rent free. Personal Representatives have a duty to see that the estate property is not wasted and is liquidated and distributed according to the testamentary intent of the decedent in a prompt manner.

The lender may not know that you have been paying the mortgage and other expenses. While the borrower is alive the lender probably does not care. The mortgage will have a due on sale clause that the lender can exercise when it learns that the borrower is deceased and another person now owns the property. The lender may or may not exercise its right to call the loan but it could do so at any time. The fact that it does not do so right away, or even for several years, does not affect its right to call the loan. You should look into refinancing the house. The property will be transferred to your husband after his father passes. The property will pass with the loan burdening the property. Does your father-in-law have other assets to pay creditors, including medical bills relating to his last illness. The property may have to be sold to pay other claims against your father-in-law. If your father-in-law is residing in an extended care facility with expenses being paid by Medicaid, then Medicaid may have another lien on your father-in-laws property.

As you have a check from the purchaser, a contract has been established for the sale of the boat. You can back out and return the check but the buyer would have the option of petitioning the court to enforce the sale.