QUESTION

My father passed in oct he has a cabin with him self my mother who passed 15 yrs ago and my brother who claims another Father at his death. My Rights

Asked on Dec 05th, 2017 on Estate Planning - Michigan
More details to this question:
My father passed in oct 2017 he owners a cabin up north only my father my mother who passed 15 yrs ago and my youngest half brother names are on the land. I am one of Six children and he thinks we are not entitled to our share.
Report Abuse

1 ANSWER

Estate Planning & Probate Administration and Litigation Attorney serving Chesterfield, MI at Penzien & McBride, PLLC
Update Your Profile
The rights to a parcel of property in the State of Michigan are determined by examining the title of record with regard to that property.  The question indicated that the owners of the cabin are, "my father my mother who passed 15 yrs ago and my youngest half-brother names are on the land."  I have to assume that these facts are evident on the face of a deed. In order to understand who owns the property following the deaths of the mother and father, it is necessary to understand how the property was held as between the three of them.  In other words, we need to know if the property was held with survivorship interests between the three of them or, for example, in common between the three of them.  Without that information, it is impossible to provide an absolute answer to the question other than to say that the brother has at least a 1/3 interest in the property.  If the property was held as joint tenants with rights of survivorship, it is now entirely likely that the brother is now the exclusive owner of the property. In order to make that ultimate determination I would need to review the deed to the property and it may be necessary to have a title search done to make an absolute definitive analysis of the state of the property's title. Chuck Penzien www.penzienlaw.com    
Answered on Dec 11th, 2017 at 12:56 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters