Legal Question in Real Estate Law in Michigan

My brother & I were assigned 3 lots in Michigan at the time of our parent's death.

My borther, an Oregon resident, has since died and I am trying to sell the property.

My brother's financial situation was a disaster, with many creditors. His home was in the name of a corporation with his two children as corporate officers, which is the only way they were able to realize anything at the time of his death.

It is my understanding that their attorney advised them against opening probate in order to protect them for possible creditors.

How can we sell the property without exposing them to future legal problems?


Asked on 8/26/09, 5:14 pm

1 Answer from Attorneys
Brad Aldrich Aldrich Legal Services

I need to know in who's name the 3 lots are in as of now. Assuming they are still in your parents' names and you are concerned about creditors getting to any asset of your brother's estate, then you need to open a probate case in the Circuit Court of the County where your parents resided and then have your brother's heirs (his children) waive any claim to your parents' estate. All of the assets (the 3 lots and anything else set out in the Will to you and your brother or if no will then to all children of your parents that were alive at the time of your parents' death in equal shares) would go to you and then if you wanted to gift something to your brother's children you could. Aldrich Legal Services, PLLC specializes in Probate matters, along with Real Estate matters, Family Law, Bankruptcy and other areas of the law. If we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000 for a free consultation.

Read more
Answered on 9/02/09, 4:36 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan