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

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.

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.

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