Q: My fathers wife of 10 years just passed away. Can he sell their home and belongings without going to probate? No will
The house is in his name only, but he filed a quick deed a few years ago so she could have half of the home if they were to split up. He desperately needs to sell their home because he cannot afford the payment without her income, but he is afraid. She has a car and bank account in her name only. How does he sell/obtain those items?
A:
Who prepared that 'quick deed' (I assume you mean a quit claim deed) and how was it titled? Do it yourself property planning like this is dangerous at best, and that deed may have just forced your father into Probate because he didn't understand what happened. Ideally an attorney prepared that deed and did so in a way that won't require probate. Talk to the attorney who did the work (Or HIRE A LOCAL ATTORNEY if you didn't have one then!) to insure you follow procedures properly.
There may be need for some expedited procedure to handle the bank account and/or car but usually that can be done without 'full' probate for small value assets. Be sure you understand the risks and benefits of doing that however, and again you need to consult with a local estate and probate attorney to insure things are done right.
DO NOT try to make this a DIY project. There are too many pitfalls for the unwarry!
-- 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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