Chicago, IL asked in Real Estate Law for Michigan

Q: My father passed away and did not have a will. I have the deed for the home w/his name on it only. How can I move fwd.

My mother is trying to sell their home after my fathers death. Currently, I have a copy of the deed and the ONLY name that is one the deed is “his name., a married person.” My dad did not have a Will or any other legal documents at the time of his death. My mom wants to add her name to the deed so that she can “quit claim deed” it over to myself so that we can sell the property. What steps do we need to take in order to add my mothers name to the deed and/or remove my father's name?

Thank you for your help.

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2 Lawyer Answers

Brent T. Geers

  • Grand Rapids, MI
  • Licensed in Michigan

A: You'll quite likely need to open a probate estate to transfer title to the house.

David Soble

  • Farmington Hills, MI
  • Licensed in Michigan

A: Unless the deed states your Mother's name, (He doesn't state who his wife is in your facts) then it seems that she or someone in your family will have to go to probate court and ask to be assigned as a personal representative. This is more common than you think. Please visit for more information.

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