Legal Question in Wills and Trusts in Michigan

My aunt died without a will. Her house is mortgaged & my family is interested in buying it; she owes about 1/2 of the principle yet. What's the easiest, cheapest, quickest way for my family to buy the house? She has very little estate & none of her siblings (no husband, parents, or children to contend with) will contest us buying the house.


Asked on 4/04/15, 9:19 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

You will need to open up a probate estate to become personal representative, sell the house to yourself for fair market value, pay off any creditors, and distribute all assets to heirs. Contact me further at [email protected] to find out more details.

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Answered on 4/05/15, 3:03 am
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

The fact of the matter is that a probate estate will need to be opened in the county your aunt died. If she has a will the will it will have to be presented to the court and the terms as to who is appointed personal representative and how the assets are to be distributed needs to be followed. However, if all the heirs and interested parties agree then you can modify the terms.

There are two types of probate formal which is supervised every step of the way and informal which is akin to a mother may I procedure, less money and very stream lined. You will have to publish in the newspaper for creditors and follow specific court procedure. There are fees to file, and an inventory fee based upon the value of the estate. There is no way around the probate as no title company will ever insure or pass on the title without the court letters of authority appointing someone to transfer title.

If you have any questions or we can be of assistance please contact me at [email protected]. We have handled 1000's of probate.

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Answered on 4/05/15, 7:17 am


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