Legal Question in Wills and Trusts in Florida
Do I have to go through probate when ...
My ex-husband never removed my name from the title of Time Share. I did not know until he passed away and I received at notice regarding overdue maintenance fees and taxes, which I have since paid. I would like to have a new title issued in my name only (I have since gone back to my maiden name). I am told I will have to go through Probate Court but this does not make sense to me since my name was never removed from the title and I am not dead, he is. I would like to get this straightened out so my heirs will not have the headaches that his heirs have had. If I have to go through Probate Court what is the cost and what do I have to do especially since I live in Michigan.
2 Answers from Attorneys
Re: Do I have to go through probate when ...
If the property was held jointly all you need is to send to the time share a death certificate and request a new title.
Re: Do I have to go through probate when ...
If the divorce was final before he died you will have to go through probate unless the settlement agreement from the divorce operated to grant you full ownership. And, if he owned half at the time of his death it will be his hiers that now have an ownership interest. You need to have an attorney review the deeds and the divorce agreements.
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