Detroit, MI asked in Probate for Michigan

Q: How do the heir that’s the Personal Representative convey in this situation?

Mother died Intestate

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey & allow 1 heir to transfer/relinquish their interest? Can it be done with 1 Deed or 2?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate waivers/consents.

It sounds like you would benefit from the help and advice of a local attorney however (there is not a time period when a 'disclaimer of interest' needs to be filed for example, so I'm not sure what you mean it has 'lapsed') so your situation may have some 'wrinkles' that need to be taken into consideration. As always, this could be incomplete information and you shouldn't take it as 'advice'! Seek local representation to be sure.

-- 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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