Birmingham, MI asked in Probate for Michigan

Q: Probate question....Michigan

My Mom cosigned on my house right before passing away almost 4 years ago. No probate was opened, as all of her accounts were payable upon death, or had beneficiaries assigned. She had cosigned on my house, but we were not aware that the property would not automatically transfer to me upon her death. I am currently trying to do a refi, so I can get the house in my name only, and get some cash out. I found out we closed as "tenants in common", and it should have been with full rights to survivorship. Now what do I do?

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3 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Probate Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: You could do a petition and order for assignment with the Probate Court in the county in which your mother resided as of the date of her death. Or, you could file an application for informal probate and appointment of a personal representative, so the personal representative can sign a deed conveying the property to you (and any other siblings who might be entitled to the property). For more information, you should consult with a qualified probate attorney in your area.

Kenneth V Zichi agrees with this answer

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: You need to hire a local probate attorney to help you probate your mother's estate and get her share of ownership retitled into the name(s) of her heir(s).

This is a classic example of do-it-yourself estate planning gone wrong. Please don't make this mistake yourself. Hire an estate planning attorney to get YOUR affairs in order the right way,

Kenneth V Zichi agrees with this answer

Brent T. Geers
Brent T. Geers
Answered
  • Probate Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: That's a significant problem. Do you have the other paperwork from the deal? Is there any other mention of joint tenancy? You would be fortunate to discover the tenants in common to be a scrivner's error, correctable by an affidavit, but that's doubtful. The more likely approach, at this point, is that you'll need to probate her half of the house to you.

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