Trenton, MI asked in Real Estate Law and Probate for Michigan

Q: House is in parents name, both have passed with father recently. Funds have been distributed only item is house

No will. Funds and life insurance has been distributed already with no issue. We have the deed. Is there a probate just for a house?

Related Topics:
2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: If the owner of record of the house has died, probate will be necessary in order to get title to the heir(s) or to sell the property.

David Soble
PREMIUM
David Soble
Answered
  • Probate Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: It will depend on who is named on the deed. If only your parents were named and there is no will, then you will need to probate this property. The reason you did not have an issue with the life insurance or other funds was that you or your family members were named as 'beneficiaries." These items passed without incident. However, if the names of the owners on title are only your deceased parents, you will need to open a probate action.

Hope this helps. David

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.