QUESTION
What can be done on my mother's will and sale of her home after her death?
Asked on Apr 12th, 2013 on Estate Planning - Michigan
More details to this question:
Does a will dated 1996 supersede adding my brother's name on the deed of the house in 1997. He shorted me payment on assets from he sale of my mother's home and life insurance and has refused to pay what was still owed. He also has told me he would send me paperwork as part of his judiciary duty but has never done so. This is another reason I'm convinced that he done things so I wouldn't find out.
11 ANSWERS
You need to hire a good estate attorney to demand an accounting from your brother.
Answered on Apr 29th, 2013 at 8:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Deed supersedes will. See an attorney.
Answered on Apr 16th, 2013 at 9:08 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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If your brother was added to your mother's house title in 1997, then this would supersede what was in her will. In fact, if he is listed on the house as someone who will receive title at her death, then her home is not even part of the estate. (I.e., in joint tenancy, at your mother's passing, your brother would have full title to the house.)
Answered on Apr 16th, 2013 at 8:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The deed takes precedence over the will. Hire an attorney to look into whether or not your brother has stolen from you through his role as personal representative.
Answered on Apr 16th, 2013 at 8:57 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No. When your mom recorded a deed transferring ownership to your brother, he became owner of a portion of the property. The will no longer applies to that portion. If she made him a joint owner with right of survivor ship, then he inherits the house, and the will doesn't apply at all. If they were tenants in common, then your mom still owns a portion of the house, and her will would have to be probated. If your brother has actually submitted the will to a court for probate, then he is required to give you information about the probate, and annual accounts. Check with your local circuit court, review the probate file, or if probate has not been started then you start one.
Answered on Apr 16th, 2013 at 8:35 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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If your brother was added to the deed at any time while your mother was alive, that has priority over the Will. Wills only direct the distribution of assets that do not have co-owners or beneficiaries, and are not in a Trust.
Answered on Apr 16th, 2013 at 8:12 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Does a will dated 1996 supersede adding my brother's name on the deed of the house in 1997? No. The deed governs. If he was made a joint tenant, then the house goes to him. If he was made a tenant in common, then only his portion goes to him. You are entitled to zan accounting of your mother's estate and/or trust. See a lawyer.
Answered on Apr 16th, 2013 at 8:12 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the assistance of probate litigation counsel right away to file a petition for an accounting into the probate proceeding to obtain any and all information that is critical to your case and to obtain repayment from his share of monies brother owes you.
Answered on Apr 16th, 2013 at 7:53 PM
3 Awards
Placing your brother's name on a deed as a joint owner or pay on death beneficiary supersedes the Will. Thus, he is probably the legal owner and you are probably not entitled to any proceeds. You should bring copies of all paperwork to have an attorney review what actually transpired. The house is probably not subject to the Will or probate. However, absent other facts you are probably not entitled to any proceeds. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 16th, 2013 at 7:45 PM
If your mother's estate was probated, you should get an accounting. The will will only control assets in your mother's sole name.
Answered on Apr 16th, 2013 at 7:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The deed supersedes the Will. It sounds like you may have been given money that you were not legally entitled to. I am not sure what you mean by judiciary duty. If there was no estate, then there would not be any duty, along these lines.
Answered on Apr 16th, 2013 at 1:59 AM