Legal Question in Wills and Trusts in Michigan

Probate

My mother and I lived in the same house for 12yrs. Both our names were on the Title and mortgage. However the payments and other bills except the gas & elec. are in my name and are current. Both cars are also in my name. My mother had no debts when she died in July. Why do I have to go to the expense of Probate if I can prove I paid for everything? Also, she was my dependent as her only income was from Social Security. I feel as if I have to pay for everything all over again. Is there any other recourse to Probate to get clear title to the property?


Asked on 1/09/07, 10:29 am

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Probate

If both names are on the deed to the property as joint tenants with rights of survivorship then you do not need a probate court order to transfer title to you alone. If however, the title indicates that you and your mother are tenants-in-common, then you have to obtain a Court Order transferring her portion of the property (presumably to you as her heir). If there are other heirs, or if she provided for a distribution of her estate through a Will or otherwise, then you may not be the only person who has a right to a portion of the estate.

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Answered on 1/09/07, 8:09 pm


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