Legal Question in Wills and Trusts in Michigan

I reluctantly co-signed on my mother's mortgage to get her refinanced off of a ARM. My mother just passed away, leaving me with the mortgage to continue to pay on (no equity on the house) and I found out I am not on the title. I am pursing obtaining a Probate Small Estate Petition for Letter of Authority so that I can place myself solely on the title and remove my mother. The house is not worth the amount she had mortgaged. I will have to put in several thousand dollars into this house in order to sell it at a loss. Can a Credit Card Company or Medical Debt Collections agency put a lien on a house that was titled to my mother upon her death even though I changed the title solely into my name?


Asked on 7/15/10, 10:01 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

You cannot use the small estate procedure to transfer real estate. You will need to open a regular estate. Then the debts are due, but can often be negotiated. www.kliszlaw.com. Tim Klisz

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Answered on 7/16/10, 4:52 am
John Tatone John R. Tatone & Associates PLC

After you initiate an informal probate estate (the small estate is not correct), you will have to send notice to your mom's creditors. If they do not respond correctly within 4 months of the notice, the estate may not owe them any money. Please contact me to discuss in more detail. johntatone.com

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Answered on 7/16/10, 10:58 am


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