Legal Question in Wills and Trusts in Michigan

Rights of Survivorship question

3 People have their names on Property (over 350 acres) with the deed saying they each have rights of survivorship. One person has recently made out a will giving a 4th person all of their personal belongings and real estate. If that person dies, is the property void from the will because it is supposed to go to the other 2 people on the deed? Thank you!

Asked on 2/12/07, 10:58 am

2 Answers from Attorneys

Francois Nabwangu Wright Cantrell PLLC

Re: Rights of Survivorship question

For purposes of this answer we assume that three individuals, A, B and C, own a parcel of real estate as "joint tenants with full rights of survivorship." Under Michigan Law (using Michigan Land Title Standard 6.4) ownership creates a joint life estate in A, B and C with remainder to the survivor. Presumably each life tenant has a 1/3 life estate. Death divests A's interest, the transfer of the Will should be invalidated... (depending on the language of the Deed; and other equitable factors that may arise)

I think that you need an attorney to respond and litigate such a claim.


Francois M. Nabwangu, Esq.

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Answered on 2/12/07, 12:17 pm

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Rights of Survivorship question

Where property is deeded to two or more individuals with rights of survivorship, only those individuals named on the deed will have any rights to the real property which is the subject of the deed. In other words, if one person named on the deed dies, the property belongs only to the two surviving individuals. If one of the two then dies, the property belongs only to the sole survivor and his or her heirs.

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Answered on 2/12/07, 11:04 am

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