Posted on: 07th Aug, 2010 11:09 am
When my father in law died, he left some property to his sons (my husband and his brother) in his will. We are trying to get the deed sorted out and settled. Is it possible to put the deed in both of their names? If it is, can restrictions be placed on the deed so that the property can not be used as collateral for any type of loan?
We are willing to split the property and it's costs down the middles, but want to make sure we are protected as well. His brother has some financial difficulty and we want to make sure it can't be attached to us and ruin our good credit.
Thanks!
We are willing to split the property and it's costs down the middles, but want to make sure we are protected as well. His brother has some financial difficulty and we want to make sure it can't be attached to us and ruin our good credit.
Thanks!
Welcome Guest,
If there is a will, then it needs to be probated first. Once the probate is complete, then both the heirs can place their names on the deed. A special clause can be mentioned which may bar your husband's brother to use the property as a collateral to get a mortgage. You should contact a lawyer and he will help you in adding the clause to the property deed.
If there is a will, then it needs to be probated first. Once the probate is complete, then both the heirs can place their names on the deed. A special clause can be mentioned which may bar your husband's brother to use the property as a collateral to get a mortgage. You should contact a lawyer and he will help you in adding the clause to the property deed.
Thanks for the information adonis.
My father in law died several years ago so I think the will has already been probated. We figured that everything just went to mother in law so we never questioned it when we didn't see a will. Now we are told that the property was left to both brothers. We are very confused as to what is going on. My husband is just being told to go to the lawyers office (that handled the estate of my father in law as well as my mother in law) to sign papers that will just place my brother in law on the deed. Mother in law has changed her story a few times now...at first she said the property was left to both brothers, now she is saying it was left to her and she will do with it as she pleases. If that is the case....why does she need DH to sign papers?
Not sure where we are going with this now.....
My father in law died several years ago so I think the will has already been probated. We figured that everything just went to mother in law so we never questioned it when we didn't see a will. Now we are told that the property was left to both brothers. We are very confused as to what is going on. My husband is just being told to go to the lawyers office (that handled the estate of my father in law as well as my mother in law) to sign papers that will just place my brother in law on the deed. Mother in law has changed her story a few times now...at first she said the property was left to both brothers, now she is saying it was left to her and she will do with it as she pleases. If that is the case....why does she need DH to sign papers?
Not sure where we are going with this now.....
Hi Guest,
It would be better if you and your husband take the help of an attorney in order to sort out the whole issue. The attorney will go through the papers and would let you know what you need to do in this matter.
Thanks
It would be better if you and your husband take the help of an attorney in order to sort out the whole issue. The attorney will go through the papers and would let you know what you need to do in this matter.
Thanks