Kalamazoo, MI asked in Estate Planning and Probate for Michigan

Q: For Michigan - My Uncle passed away 5/13/2017 without a Will. He had a mobile home and a car. Only worth Ten Thousand.

His adult kids live out of state & are next of kin. His daughter has stage 4 breast cancer and fighting for her life. She said she isn't interested and has no intention to fill out forms to get titles transferred from deceased Uncle's name. His son has no interest or intention either. The Mobile Home Community management is demanding a new title in order for us to sell it or rent it out. If my cousins have no interest & no intention to fill out forms to get new titles, what do we do? My Mother is my Uncle's oldest sister and then my Aunt. Is there a waiver that my cousins can sign so the next of kin would be my Mother and Aunt? We need a new title for mobile home and car, but cannot get them since my cousins are legally the 1st next of kin. Don't know what to do.

Thank you for your time and your help.

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1 Lawyer Answer

Trent Harris

Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: In short, yes. The persons entitled to an estate can all agree in writing to change the distribution of the estate, so it passes other than as would be dictated by a will or the laws of intestate succession. They can also renounce their right to be appointed personal representative, and nominate another person instead. The Secretary of State would likely require to see evidence that an estate has been opened and a personal representative has been appointed if the car or trailer is going to be transferred to someone other than the adult children. Though the value of the property and estate is admittedly modest, you may want to get an attorney's help to walk you through this process.

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