QUESTION
If mom put my brother on the deed to her property does this give his wife any claim to the property in the event of mom's death or a divorce?
Asked on Feb 01st, 2014 on Estate Planning - Michigan
16 ANSWERS
Edwin K. Niles
Not normally.
Answered on Feb 07th, 2014 at 5:54 AM
It should not, gifts are the separate property of the spouse and in the absence of action by him to include her on the property it should remain his separate property.
Answered on Feb 07th, 2014 at 5:53 AM
Yes for equity purposes. For estate tax purposes, it likely will be put in your mother's estate. Depends on whether she gifted the property and depends on the interest she conveyed to him.
Answered on Feb 05th, 2014 at 8:55 AM
Thomas Edward Gates
If the property only identifies your mom and brother, it is deemed personal property and she would not have a claim. A gray area would be whether any communal funds were used to pay the mortgage, property taxes, improvements, repairs, or insurance.
Answered on Feb 03rd, 2014 at 2:31 PM
Not if he keeps it in his name as separate property.
Answered on Feb 03rd, 2014 at 2:26 PM
2 Awards
Potentially. More information is needed. It is generally not recommended to add someone to the title of a house. It generally causes issues.
Answered on Feb 03rd, 2014 at 2:26 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Depends on how she did it. If she merely added him as a joint tenant on the property, and he paid nothing for this, then it is his separate property.
Answered on Feb 03rd, 2014 at 2:26 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You don't "put someone on the deed." What is happening there is that an interest in the real property is being given to that new owner. Your brother now owns half of the property (I assume it's just Mom and him). So, yes, if your mom dies, your brother will be the owner of half (depending on how deed is worded) or all of the property. If your brother gets a divorce, his half will be a marital asset potentially "on the table" for the settlement. He owns part of the property. Incidentally, was a gift tax return filed when this gift was made?
Answered on Feb 03rd, 2014 at 2:25 PM
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Maybe. Discuss the specifics of the title with an attorney. 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 Feb 03rd, 2014 at 2:25 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. She would have a number of rights, in either such case. If this is a concern, then your mom should visit an estate planning attorney to determine whether other options might better achieve her objectives.
Answered on Feb 03rd, 2014 at 2:25 PM
Probably not. If mother and brother held the property as joint tenants, brother would inherit mother's interest. If they held the property as tenants inn common, mother's will would determine who inherited her interest.
Answered on Feb 03rd, 2014 at 2:14 PM
It depends on the exact nature of his ownership. As a tenant in common, his wife's right of dower automatically attaches to his ownership. As a joint tenant with rights of survivorship, his wife has no right of dower before she dies, when it would, again, automatically attach. There are other possibilities so any lawyer would need to see the deed creating his ownership.
Answered on Feb 03rd, 2014 at 2:13 PM
Commercial Attorney serving Chicago, IL
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It would depend on how the brother is put onto title. Where the mother and brother hold title as joint tenants: if the brother predeceases the mother then the wife has no claim; if the mother predeceases the brother then the brother owns the property and the wife has a possible claim against the brother's estate upon the brother's death. If the title is held by the mother and brother as tenants in common then the brother's ownership interest will pass to his estate and the wife has a possible claim. The mother's ownership interest would be in the mother's estate.
Answered on Feb 03rd, 2014 at 2:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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His wife would at most be entitle to one-half of his interest in a divorce. If the deed is as joint tenants and your brother dies, the wife will get nothing. Finally, she may not get anything in divorce if his interest is maintained as his sole and separate property.
Answered on Feb 03rd, 2014 at 2:13 PM
No. It would be deemed a gift and thereby separate property.
Answered on Feb 03rd, 2014 at 2:12 PM
A married man's wife, who is a resident of Michigan, has an inchoate dower in all real propertry located in Michigan in which the married man has an estate of inheritance. From the brief facts stated, it seems likely that at least upon mother's death (and, perhaps, before), your brother would have an estate of inheritance. So his wife would have an inchoate dower in the property.
Answered on Feb 03rd, 2014 at 2:12 PM