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.

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.

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Answered on 5/17/13, 8:42 am

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