Legal Question in Wills and Trusts in Michigan
Trying to avoid Probate!
I purchased my Aunt's home from the Sheriff's Foreclosure Auction. I then had my name and my wife's name added to the Deed along with my Aunt's. My Aunt is now terminally ill. Is there some sort of Durable Power of Attorney, Conservatorship, Guardianship, that my Aunt could grant me in case she dies? She is fully competent to make discussions for herself.
Thanx
2 Answers from Attorneys
Re: Trying to avoid Probate!
If your names are on the deed, the home might pass to the survivor(s), but it depends on how you hold the property. Your aunt can sign a financial power of attorney but that document only allows you to handle her affairs while she is alive; it does not dispose of property upon death. I regularly handle real estate and probate matters. Please contact me with any further questions.
Re: Trying to avoid Probate!
It matters what you want to have happen to the house after her death. If you and your wife are going to get the house and avoid probate, just have her sign a quit claim deed placing all the names on it jointly with rights of survivorship. Do it right and get a lawyer. It is inexpensive. William S. Stern
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