Detroit, MI asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Michigan

Q: How can me and husband obtain title to home his mother left to us

There is a land tax for 1year behind and title is still in her name but she passed away 4 years ago

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: If the deed (not what is on the taxes, but what is on the deed as recorded in the register of deeds office) is in your mother in law's name alone and there is not a beneficiary or co-owner, then you have to go through probate. There is NOTHING stopping you from paying the taxes that are in arrears and you should do that ASAP if the property is worth saving.

If nobody had started things yet, you need to begin now. You technically needed to begin that probate 4 years ago, so don't delay now! I'd strongly urge you to contact a local attorney in the county where your mother in law lived at the time she passed and get things started.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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