wife on mothers deed for probate purposes only

[michaelbank7]

[aces67]

Just explain it all to your lawyer up front. Dh and I live on his family's property. There is 126 acres total and half of that is deeded to dh but ONLY upon his parents death.

Because we can't take ownership of it right now it was not a problem. The court can only look at items that you legally own right now.
I'm sure it will all work out just fine for you.

[Minnymouth]

Okay, you really need to LOOK at the deed very closely.
If your wife's name is on the deed with her mother's name, then she is 1/2 owner of the property unless she is listed as an heir only after death. This has to be "written on the deed"..... OTHERWISE your wife IS half owner of the property according to the Courts. Thus leaving it open for the Trustee to seize it and sell your wife's half.
Your mother-in-law can take your wife's name off the deed, BUT the Trustee can also UNDO this and still take the value of 1/2 of the property.
You really need to sit down with a real estate attorney who handles bankruptcy cases also and get a full scope of this issue.
Lots of things involved here......

Usually when property is left behind the Executor of the Estate handles the probate portion of the Estate and all affairs involved with settling the estate. The Executor of an Estate is named in a Will, or appointed by the Court.

Check this out real good before you file..... or you might find yourself in a terrible bind, including your mother in law....