Legal Question in Real Estate Law in Michigan
Rights to estate without a Will
My mom passed away 3 years ago without a Will. After her death my step-dad put my name on the deed to the house and their properties in case anything happened to him.
He now is threatening to sue me if I don't sign a quit-claim deed to take my name off.
Are these properties part of my mom's estate, and I do have any rights to them?
1 Answer from Attorneys
Re: Rights to estate without a Will
Whether the properties were part of the estate depends on in whose name they were held when she died / how the house was deeded.
Any property your mother had in her name, would have passed to you and to your step-dad by laws of intestate succession and therefore you would have rights to the property.
Therefore, if I were you, I would not take my name off any property. I would go to the probate court and open an estate for my mother so that her properties could be legally transferred. I would tell my step-dad to go ahead and sue because I want the court to hear the story and advise me in any event.
If you would like assistance in the probate of your mother's estate, I would be pleased to do so. Please visit my website at www.lawrefs.com or contact me directly via email.