Asked in Probate for Michigan

Q: I need help with Wayne County probate Court my mother passed away my childhood home want to put into my name

Related Topics:
1 Lawyer Answer
Brooke Lauren Archie
Brooke Lauren Archie
PREMIUM
Answered
  • Probate Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: Provided there or no other heirs or outstanding creditors (related to unpaid debts that your mother had), you can file an Application for Probate. Upon appointment as the Personal Representative of her estate, you may execute a Fiduciary Deed conveying the property to yourself. If there are other heirs or creditors, they may object to you solely owning the home. If you file a Petition for Probate rather than the Application, Wayne County Probate Court will automatically preclude any conveyances or transfers of the property without you specifically obtaining court approval, which will require a second petition. In short, the ease or difficulty of putting the home in your name will depend on if there are other siblings and if there are unpaid creditors.

Brent T. Geers agrees with this answer

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.