Reply to Paying FIL's mortgage on a property that I don't wish to own

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[quote=Anonymous]Real estate attorney here.  Your DH needs to consult with an attorney licensed where the property is located.  Let's assume the "penciled-in" will is valid and DH inherits a 55% share of the house and BIL inherits a 45% share of the house.  There are many scenarios that could occur after FIL dies, including, (1) BIL decides to move into the house and DH can't evict him regardles of owning a larger share, (2) BIL could go to court to force the sale of the house- in which case BIL would be entitled to 45% of the sale and DH entitled to 55%, (3) BIL never contributes $ toward the property tax bill or utilities even though he owns 45%.  I don't practice in residential real estate and am sure there are a number of other scenarios that would not be in your husband's interests.  If DH insists on keeping the house, it is definitely worth consulting with a lawyer to make sure that at least his interests are protected after FIL dies.  Under the current scenario, they are not and it sounds like BIL will be getting a small windfall.[/quote]

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