QUESTION
Am I entitled to anything after my husband passes?
Asked on Dec 09th, 2016 on Estate Planning - Michigan
More details to this question:
My husband has end stage cancer. We have been married and live in the house he lived in before we were married but it was not paid off and still isn't. I am from Mexico and not a US citizen. We have 2 children, ages 14 and 15. I am afraid he is going to try and give it to his aunt or try and not let me have it after he passes. Somehow, he just took about a refinance of $90,000 and I did not ok and was not present for the loan. I am also afraid he is going to take more mortgages out without me knowing. What can I do? I wanted to add I have worked full time also the entire time we have been married for 15 years and assisted with paying household bills during this time. I also paid everything for a couple years when he had an aneurysm and wasn't able. Not only that, the health care I pay for is taking care of his chemo and recent hospital stays and medications. He seems to feel I am not entitled to anything. His family has been barging into my home and acting like they own it or are preparing to get it. He does have another daughter who is 30. I would be very grateful for any assistance.
1 ANSWER
If the house is in his name alone, he may convey it to whoever he wants, without your knowledge or signature. He could also mortgage the home without your knowledge or signature. Without going into any detail, if he dies before April 6, 2017, you would have the right to elect dower in the home. This would give you a life estate in an undivided 1/3 interest in the home. What that essentially would do would allow you to continue living there at a rental rate equal to 66.67% of the fair rental rate for the property. Of course, if the mortgage(s) aren't paid, the bank(s) might foreclose, but you'd still have your dower interest. If he lives past April 6, 2017, you would have no interest in the home. You also have certain spousal and homestead elections under probate law, but those elections would only apply against assets in his probate estate (stuff he died owning).
Answered on Feb 03rd, 2017 at 5:44 AM