Legal Question in Wills and Trusts in Michigan

Can your brothers and sisters take a house you and your mother are on the mortgage and deed if mother dies

Asked on 12/06/23, 6:49 am

2 Answers from Attorneys

John Tatone John R. Tatone & Associates PLC

Generally, the persons listed on the deed are the owners. Depending upon the wording of the deed, the deceased owner's interest may need to go through probate court to be transferred, however, this does not necessarily affect the other owners' interest. Thus, your brothers and sisters may not take the house when your mother dies under the described scenario, but I would have to review the deed and circumstances before I could provide any legal advice. Feel free to contact me at 586-580-8850 to discuss your matter.

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Answered on 12/06/23, 7:14 am
Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your mom.

How were you and your mother listed on the title to the house? There are several ways which two people can own a house, so there's no way to answer your question without seeing the deed. Your brothers and sisters cannot take your share of the house, but they may be able to get your mother's half. Unfortunately you will have to speak with a lawyer in your state and tell him or her the situation.

Good luck.

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Answered on 12/06/23, 8:49 am

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