Q: quMom deceased recently. Mom is married, no will. Her domicile is in Texas, also has a non homestead in MI. Mom and
daughter are on warranty deed in MI. No mention of survivorship on warranty deed. Does Mom's portion need probate still? Mom's spouse willing to sign Quit Claim deed to daughter on the said deed. If probate needed, can you file in TX & MI, can spouse still sign Quit Claim to daughter? The warranty deed was not clear regarding survivorship, bad legal advice given. The daughter paid about 75% of the original mortgage, paid it off.
A: Based on the information given in your question, it sounds as if the deed to mom and daughter conveyed the property to them as tenants in common. If this is the case, then some type of Michigan probate procedure will need to be used to transfer mom's interest. Your best bet is to contact a local probate attorney for a consult, and take any documents you have to them for a review. After reviewing the facts of the situation, an attorney can tell you what would be the most direct and inexpensive way to resolve this.
Kenneth V Zichi agrees with this answer
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