QUESTION

How do I get my name on a warranty deed after probate is cloused

Asked on Aug 30th, 2023 on Real Estate - Michigan
More details to this question:
My husband died on December 5th 2022 and I started probate in February the following year and probate closed in July and my name didn't get put on the deed he had no will and I have been married to him for 16 years
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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Depending on how the house was deeded to you will determine what your right course of action is. If the house was deeded to you 'as husband and wife,' there is nothing you need to do. When he died you automatically became sole owner. If you go to sell or mortgage the house, all you need to do is present a copy of the death certificate. So if you bought with a warranty deed, you can give a warranty deed. Depending on the nature of your title and your deed, you might not have an issue. If he bought it before your marriage, that could be an issue for you. You would be well served by having an attorney review your deed and check title. Best to take care of problems before try to do something and find out you can't or you need months to fix the issues. Best of luck to you.
Answered on Aug 30th, 2023 at 3:34 PM

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