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  1. #1

    Unhappy What Happens to a Land Contract in Probate Court

    My question involves estate proceedings in the state of: Michigan

    I currently have a land contract on my house in the state of michigan. I am concerned with what will happen to this contract once the individual holding the contract (grantor?) passes away. Will the contract go to probate and be passed on to the next of kin? And we will then finish the terms of the contract with that individual?

    Also, how do we avoid this situation? Does a Quit Claim Deed resolve the issue of the house going through probate?

    Thanks in advance for any advice and suggestions!

  2. #2
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    Default Re: What Happens to a Land Contract in Probate Court

    The land contract would be an asset of the estate, and would pass to the decedent's heirs pursuant to the estate plan (or, if none, the laws of intestate succession).

    If you don't want the property to be subject to a land contract you can see if the seller will issue a private mortgage, you can obtain your own mortgage, or you can otherwise pay off the land contract so that you gain full title. I don't know why the seller would have any interest in issuing a quitclaim if you haven't paid off the full balance due under the land contract.

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