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.
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.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such as this one.
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.
