Legal Question in Real Estate Law in Michigan

If two people own a personal residence as tenants in common & one of them dies, does the deceased person's name remain on the title after a death certificate is filed with the county?


Asked on 11/17/10, 12:33 pm

1 Answer from Attorneys

Glenn Matecun Matecun, Thomas & Olson, PLC

Yes. In fact, the surviving owner now owns the property as tenants in common with the estate of the deceased owner. So the estate of the deceased owner needs to be probated, and the deceased owner's heirs will end up owning the other 1/2 of the property. This is totally different than if the parties owned the property as "joint tenants" or "joint tenants with rights of survivorship". In that case, the surviving owner owns the entire property. You are welcome to call my office at (586) 751-0779 if you would like to talk about the details.

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Answered on 11/22/10, 12:48 pm


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