QUESTION
My mother had a will stating that her house be left to me and my sister. At the time of her death 3 years ago, the deed switched over to us.
Asked on Dec 22nd, 2021 on Wills and Probate - Michigan
More details to this question:
My step father now thinks he's in tiled to house and is threatening to go back to probate or re-open the will. The house was only in my mother name at the time of her death. She owed it 15 years before her second marriage to my stepfather. Can he go back and do this 3 years later, after the house is already deeded in our names?
1 ANSWER
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Depending on the documents, based on how you describe things, your step-father does not have dower rights (the right of a widow or widower to reside in the property after the spouse's death).
A court would be hard pressed to accept that this was not done previously.
Again, the papers, the will and the deed will be deciding as to whether he has a claim or not.
On these facts, it doesn't look like it but it makes sense to review this with counsel before deciding what to do.
Answered on Dec 22nd, 2021 at 8:47 AM