QUESTION
If my dad doesn't have a will and he puts my name on his house, would I have to go to probate if something happens to him?
Asked on Jul 15th, 2014 on Estate Planning - Michigan
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No.. its a cheap way of transferring the house without probate (putting it in parent and siblings names as joint tenants with right of survivorship) HOWEVER it can really complicate things..For instance your dad could not sell the house without your signature and it may complicate his eligibility for Medicaid, etc.
Answered on Jul 18th, 2014 at 4:47 AM
If you and your dad own the house as joint tenants with full rights of survivorship, there would be no need to probate his estate because of the house. Of course, there might be other assets that would require probate.
Answered on Jul 18th, 2014 at 4:42 AM
Not if the house is in a joint tenancy with rights of survivorship. Then you get the house after your father's death.
Answered on Jul 18th, 2014 at 4:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If done properly the property will be transferred at the moment of his death, if done wrong it will have to go to probate. See an attorney.
Answered on Jul 16th, 2014 at 8:08 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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Not as to the house, no.
Answered on Jul 16th, 2014 at 10:03 AM