Detroit, MI asked in Probate for Michigan

Q: No will.

No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive the home according to probate in Michigan. Trying to sell currently over 100,000. Can her spouse sign a quit claim deed to a certain person?

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2 Lawyer Answers
Anthony M. Avery
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Answered

A: With land in MI, her Heirs take, which will be her issue surviving and her surviving Spouse, all as Tenants In Common. Hire a MI attorney to search the Title, determine Heirs and record an Affidavit of Heirship, unless there is a Probate. The former will be the Heirs' recorded source of title.

David Soble
PREMIUM
Answered

A: We would have to first see the deed to the MI home. Secondly, a probate can be opened in MI when real estate of a decedent is located here. It is preferable to open probate however where the decedent was domiciled. www.provenresource.com

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