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19 yr old lost both parents,no job living in house with mortgage bal. Has older half bro that is not reliable.What next?

Millington, MI |

My wife listed as benefactor of life ins. Signed it over to funeral home for burial plus bal pd. to cover funeral exp.

Attorney Answers 4

Posted

What is your question?

If your wife is the 19 year old she needs to act by file a probate action on behalf of the last to die of her parents to get the legal authority to sell the house and retain any equity in the house. That way she can recoup the life insurance that paid for the funeral and burial and split balance of the equity with her older brother (it does not matter if he is reliable or not)

Please note that I answered this question with general knowlege of the law and with limited disclosure from you, my answer does not create an attorney-client relationship and I cannot be held responsible for how you, the asker, use the information provided. If you want to contact me directly and retain my services you may through my listing on this site or at 248-901-0750 or james@weineresq.com.

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Posted

I agree with Mr. Weiner. It is not clear what needs to be done, (Or SHOULD be done), under the limited facts provided. Does the home have equity or is it underwater? Are there other assets that need to be probated? Does the 19 year old want to try to keep the home? It is not clear whether there is a Will or Trust or how the assets (including the home) are titled. Much more information is needed. A consultation with an attorney certainly could help illuminate some of the options.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

If he/she can not maintain the mortgage the home would have to be sold.

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Posted

Perhaps selling the house would be the best bet

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