Q: My mother passed away in 2016 and my mother and brother are on the deed to her home as tenants in common.
We had a lawyer try and do a small estate as the estate value was less than the $22000 allowed in Michigan but it was denied, Would that be because my brother is also on the deed it has to go to probate?
A: Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can review all the facts and circumstances in your case before rendering an opinion.
Kenneth V Zichi agrees with this answer
A:
If you are saying he tried to use PC 598 as a 'small estate affidavit' that cannot be used for real property so I'm not surprised it didn't work.
There are several ways this COULD have proceeded, but without actually seeing the paperwork and deed, it is impossible to know where this might have gone wrong. If indeed the share of ALL the estate property (not just the real estate) is less than the statutory amount, a small estate proceedings should have worked if done properly. If the amount is greater than the limited amount, then a full blown 'informal' or formal probate would have been needed.
You should consult with a licensed attorney who practices Probate in the county where your mother lived to review everything and let you know what to do next.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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