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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38217
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Ed a QCD that was executed prior to her death deeding her

Customer Question

Ed a QCD that was executed prior to her death deeding her home to three children. Now one us filing bankruptcy. Can the. Ours force the sale by the other two?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: The qcd was filed after she died
JA: Anything else you want the lawyer to know before I connect you?
Customer: My dad is living in the home we did not intend to sell it til he was ready. We want to know if the courts can force my other brother and I to sell? We are not filing bankruptcy
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the BK sibling living in the home?

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thanks

Barrister

Customer: replied 9 months ago.
No he has his own home. My dad is living in the home. Steve has not lived there in almost 20 years
Expert:  Barrister replied 9 months ago.

Ok, then I hate to say it but yes, the BK trustee can force a sale of the home because that is an asset that the sibling filing BK owns that can be used to pay creditors. However, there is nothing that would prevent the other two from talking to the BK trustee to see if he would exempt the home or sell the sibling's 1/3 interest to them so they could keep the home for father.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister