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My ex-husband and I purchased property in 1991 and signed as…

Customer Question
My ex-husband and I...

My ex-husband and I purchased property in 1991 and signed as husband and wife. We were divorced in 1998. He passed this September 2017. He was to get a mortgage & give me half the proceeds in 2005 and never did despite my taking him to court. The house is now in Probate in Michigan with my two adult children as heirs. We are in agreement on the sale of the property and I must do a Waiver/Consent to allow the property to sell. My daughter, Personal Representative sent me the doc. to sign & described me as a Devisee which I do not think I am since he died intestate. I think I should be described as: "the owner to Legal Title to half-ownership of the property." What do you think?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

Probate case has been started. Purchase Agreement signed. She is now asking that a waiver/consent be signed by my son and by myself for approval of sale of real estate. I am to sign this Waiver/Consent and I want to describe who I am.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think the above question is it - there is a court hearing tomorrow and I just received this form to sign. I am thinking of getting a Michigan attorney to represent my interest as if we receive money for the house I have been told it will be put in a Fiduciary account for four months.

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
11/27/2017
Lawyer: INFOLAWYER, Attorney replied 4 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,969
Experience: Licensed attorney helping individuals and businesses
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Money should be held in escrow.
You should have own counse and not sign until reviewed.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.if I can elaborate on anything, just ask me.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
The hearing on the Waiver/Consent to sell the real estate is being held Tuesday, Nov. 28.
I am agreeable to selling the real estate for the price offered.
I will get an attorney. My question: Legally how am I known as owner of half the property.
Am I a Devisee? or am I: the holder of Legal Title to ownership in the property.
Customer reply replied 4 months ago
I don't need to be "talked through."
My question remains: Legally how do I describe myself in the above situation.
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Holder of legal title!
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Customer reply replied 4 months ago
Thank you.
Lawyer: INFOLAWYER, Attorney replied 4 months ago
Very welcome. Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
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