Detroit, MI asked in Family Law, Probate and Estate Planning for Michigan

Q: My mother’s name was never on the title of which my father’s uncle left him and his heirs acres of land both parents

are deceased 9 children 3 deceased

2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: Your question isn't clear. Is your uncle still alive? Was there probate when your father died? I assume the land is now partly (completely?) in the name of your Father's estate, and it needs to be distributed and re-titled through the probate process.

I would STRONGLY urge you to consult with a local attorney to review all the facts to determine what you should do to resolve this if the property is valuable enough to make it worthwhile.

David Soble
PREMIUM
David Soble
Answered
  • Estate Planning Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Because your mother has not been named on the deed, she still may have rights under a will to take the property, or she still may have the opportunity to take the property pursuant to filing a probate action since your father passed intestate. A real estate or probate attorney will still need to take a look at the deed that you mentioned along with any estate planning documents that your father may have had. If there are no will or if the property is not in a trust then if the property is still in your father's name, your mother could inherit the property under the intestate laws..

Please see www.proven resource.com for more information.

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.