Legal Question in Wills and Trusts in Michigan
My dad died. My mom is not on the deed to their house. What can she do?
My mom and dad bought a house in Michigan in 1972. They were married from 1966 until the day my dad passed away in 2006.
The house is paid in full, there is no mortgage, lien or any debt owed on it.
My mom wants to make out her Will and leave her house to us kids after she has passed away.
Here is the problem:
We looked at the deed and it reads: Convey(s) and warrant(s) to �John Doe�, a married man.
My mom�s name is not listed on the deed!
So, in order for us kids to not deal with this in probate court, is it true that my mom will have to do a title search and pay hundreds of dollars for that and probate court herself?
She was told that she can�t even sell her house without a title search and probate court.
Please tell me there�s a cheaper / easier way for her to get her house into her name.
Thank you kindly
1 Answer from Attorneys
Re: My dad died. My mom is not on the deed to their house. What can she do?
Sorry, but this is basically correct. She is not owner of that house and to do anything with it, she needs to probate your dad's estate to get the property in her name. Then she can easily sell or put the property in your name, a quit claim deed for estate planning purposes, etc. I have handled probate estates for over 12 years. Visit me at www.kliszlaw.com to discuss getting this matter taken care of. Tim Klisz
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