Detroit, MI asked in Collections, Contracts and Real Estate Law for Michigan

Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am worried That the deck collectors will come after her half of the property .

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

A: That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with certain risks like ‘mistakes’ that leave you in a bad situation.

I’d strongly recommend you consult with a local licensed attorney to review your situation and provide real advice on how to proceed. There are things that can be done but there are a lot of issues if things are done wrong.

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