AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Expert: David Hollingsworth Date: 5/29/2008 Subject: No Will But has property
Question My father-in-law passed last year. His wife (my husband's mother) died 2 years ago. My father-in-law had no will no money but has a home which he had a mortgage on. My father-in-law had one blood son and one son (my husband) by marriage. My husband is the oldest and then the blood son. Since my husband can not receive any inheritance because he is not the blood son he would like to take over the payments of the home. The blood son has no interest in doing anything regarding the home and is in and out of jail and does not hold a steady job to do anything with the home. Also the blood son has not gone down to the court house to open the estate. In other words the state will eventually have to be the one to do this. I know this is a mess but my father-in-law died suddenly. Thanks for any advice you can give!
Answer Your husband is just out of luck unless the mortgage company will agree to allow you husband to assume the mortgage. Unfortunately this probably cannot happen without an estate being opened. Try to go to the mortgage company and explain all of this. The problem will be that the company has a legal obligation to transfer the house to the owner (your father in law)upon payment in full. Without a court order otherwise they probably will not do it.
Do not give up on the idea of your husband being an heir. THere is a statute in Indiana called "loco parentis". Basically and very briefly, if your husband was supported by his step father at the time he was a teenager and lived with him until his emancipation, then he can inherit just like a natural child. Not many people know about this statute. You really need to see an attorney to see if he fits in this category. THis will help a lot. If he fits in that category then you will need to get a disclaimer from the natural son and your husband would inherit directly. THen he is home free. Sorry for delay in answering, I was on a little vacation the last 5 days. JDH
