Legal Question in Wills and Trusts in Michigan

will not followed according to original intent

My mother and stepfather had the will revised to state that when one or the other dies, the house would remain for the living spouse until death and then sold and divided between all 5 kids. My mother passed away and about 1 yr after my stepfather switched houses with his son. So his son is living in the house and we need to know when something happens to my stepfather will the remaining siblings which are left be able to still sell the house? We are concerned because his son will have lived in the house for possibly years will be able to stay due to possession is 9/10 of the law??

Also there was not any formal reading of the will, this is just what we had been told for many years before my mother died.

During the gathering after the funeral my step father verbally stated '' He would sell the house and divide equally between the 5 kids'', Do we have any course of action because he made a verbal statement?

Also is there any way to find out what exactly was in the joint will or is that something that he can keep confidential until he dies?

There is also more regarding the family business which his son received before my mother died.

Any help will be appreciated.

Thanks


Asked on 11/30/05, 4:40 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: will not followed according to original intent

Hello,

Sorry for the delay in replying. It would be good to make sure you know where your stepfather's will is, so that when he does die, it won't be lost forever. If you do that, and the will does say that his house is to be sold upon his death, it will have to be sold regardless of who is living in it. However, there are a lot of facts that could change that result, so it would be good for you to get an opinion from a local lawyer.

Mark J. Mahoney

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Answered on 12/04/05, 11:56 pm


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