Q: my father has a property in which he is a co-owner. the other owner died over 20yrs ago. is my dad the sole owner?
House is in Detroit, Michigan.
A:
This depends on HOW the 'co-ownership' was structured. Is your dad "Joint owner with full rights of survivorship" Then he may well only need to record the death certificate for the other joint owner. If it was any OTHER form or jointly owned such as 'tenants in common' or if the deed is just silent on the type of ownership, then the other portion of the property (50%?) would need to go through probate and it would likely end up being owned by whomever the other owner's heirs or devisees were.
Without seeing the deed it is impossible to say for sure. Please seek local legal representation and have that attorney review the deed and all the other pertinent facts!
--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!
Thomas. R. Morris agrees with this answer
1 user found this answer helpful
A: Basically, yes, if the tenancy was "joint" and no if the tenancy was "in common" unless your father was also the sole heir of the other owner. This is a basic answer that assumes no intervening events in the last 20 years.If the tenancy was joint, then your father because the sole owner as the survivor of the joint tenants. Otherwise, the other tenant's (i.e. owner's) interest in the property passed to his or her heir.
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