QUESTION
Does my mom's home have to go through probate? Can I buy the home?
Asked on Nov 20th, 2012 on Estate Planning - Michigan
More details to this question:
Two months ago, my mother passed away. She didn't have a will nor did she really have any assets other than a house that is owned by bother her and my father. They are divorced, and the judgement of the divorce stated that "the parties shall hold marital home as tenants in common with my mother having exclusive use and possession and the home being sold upon the first of the following. Well one of those is the death of my mother. I want to buy the home and my dad is willing to sell me the home for only what is owed. My question is, can I buy the home? Does the home have to go through probate? My mom left behind some debt, can they try and come after the home if my dad is part owner? I was approved for a mortgage for the home, but I am worried I am going to get held up in the process. What can or should I do?
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Obviously, you should consult with an attorney. Generally, in Michigan, if a person dies who holds property as tenants in common the other tenants take the deceased's share. Depending on the titling of the property, it may be possible to transfer it without probate.
Answered on Apr 30th, 2013 at 12:55 AM
As tenant in common, your mother's estate is owner of a one-half undivided interest in the home. Your father has a right under the divorce judgment to force its sale but either he or you will have to open a probate estate and obtain permission and approval of the sale and use one-half of the net proceeds to pay her debts. You could be the buyer at a price approved by the court.
Answered on Nov 24th, 2012 at 9:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, the house needs to go through probate, or to be more precise, your mom's 1/2 interest in it needs to. This can be done quickly and easily and it will not prevent you from doing what you wish. You would buy out your father's 1/2 with the new mortgage. Do you have any siblings? If so, they would also need to be taken care of. This should not be a horribly difficult or expensive process.
Answered on Nov 22nd, 2012 at 2:52 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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Based on those facts, it seems like 1/2 of the home will have to go through probate.
Answered on Nov 22nd, 2012 at 2:52 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You will have to probate your mother's one half interest. Her share of the house will go to her children.
Answered on Nov 21st, 2012 at 11:35 AM
Have an attorney review the current deed, judgment of divorce and the debts of your mother to advise you of the options. Most likely you will have to probate your mother's estate.
Answered on Nov 21st, 2012 at 9:05 AM