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Mom passed away in 2006, Deed and Mortgage still in her name.

Trenton, MI |

My Mother died in 2006, her house was to be divided between myself, my older brother and my sister. My older brother has lived in our Mom's house all of his life and now with his wife and 3 children. He is not and has never been financially responsible. My sister and I decided that we would just 'give' him the house without him buying us out. He was supposed to put our Mom's house in his name. He has been paying her mortgage. We just found out that he has never put the deed in his name. What is our liability and/or financial responsibility? Is he leaving my sister and I open for lawsuits if he hasn't been paying the bills or if (God forbid) someone gets injured on the property?

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Attorney answers 1


You and your sister are not at risk under most circumstances here; rest a bit easier.

There are issues however, the most important of which is if the house is still in your Mother's name, whoever acted as the personal representative didn't finish probating the estate, and creditors (of your Mother) may be able to take the house from your brother if notices were not published etc.

Who was supposed to be handling your Mother's affairs after death (the "personal representative" named in the will, or the person who filed probate as PR if there was no will)? THAT person may have not completed things properly and in some cases that can lead to liability.

You should consult with a local probate attorney to get this resolved once and for all.