Legal Question in Real Estate Law in Michigan

My Brother and my Mother are listed on the family's Michigan homestead Deed jointly as Owners. My Mother passed away in 2009. My Brother is currently trying to sell the home and was told by the Real Estate Company that he only owned 50% and the other 50% needed to go through Probate to determine Ownership. I am the Administrator for the Estate and I did not include this property based on; a tenancy with two or more co-owners who take identical interests simultaneously by the same deed and with the same right of possession and each joint tenant has a right of survivorship to the other�s share, so if there are two joint tenants and one dies, the other co-tenant automatically takes the deceased�s share and then owns 100% of the property. Isn't my Bother 100% Owner of the property and thus not a consideration for Probate?


Asked on 2/18/15, 1:21 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

I would agree with your analysis. Either they were not joint tenants or the title company is looking at it incorrectly. Call me if you'd like to discuss further.

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Answered on 2/18/15, 1:47 pm


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