Legal Question in Wills and Trusts in Michigan

can my mother put 2 sidling on the house title, or does she need a trust to bypass probate?

Asked on 5/17/13, 8:15 am

1 Answer from Attorneys

Timothy Harden Rubenstein Isaacs, P.C.
0 users found helpful
0 attorneys agreed

The short answer to this question is "maybe." It could work to avoid probate, but there are a lot of complications. First, the ownership has to be done right on the deed, or you could end up with probate anyway. Second, if the two siblings die before the mother, then you are back in a probate situation. Third, if either of the siblings gets a judgment against them (or gets divorced) or files for bankruptcy, they might be in danger of losing the house. Fourth, if any of them becomes incapacitated and cannot sign documents, you might have to go to probate court to get a conservatorship and/or guardianship. There are other potential problems, but these are some of the main ones. Basically, it is a fairly complicated area with a lot that could go wrong. I would recommend at least consulting with an attorney so that you understand the positives and negatives of each course of action.

Read more
5/17/13, 8:42 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan

Looking for something else?

Get Free Legal Advice

8784 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now