Detroit, MI asked in Real Estate Law for Michigan

Q: I just found out that in my dads will he said i would get his house, but now someone else owns it. Could i still get it?

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2 Lawyer Answers

Brent T. Geers

  • Grand Rapids, MI
  • Licensed in Michigan

A: You must first determine how the home was sold into someone else's name if your dad owned it (by a recorded deed) on the day he passed. Is it possible that someone else's name was also on that deed? If so, the house would pass to that person or persons regardless of what the will says.

Was there a probate court proceeding? After looking through the register of deeds information, that would be the next place to check to find out what's really going on.

David Soble

  • Farmington Hills, MI
  • Licensed in Michigan

A: You are missing some facts in between here. How long ago did your father leave the home to you in his will? What happened to the home from the date of death until now that there is a third party now owning the home? Your question begets more questions.

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