Legal Question in Wills and Trusts in Michigan
Deeded property without right of survivorship
My mother recently past away without a will, leaving a titled home on deeded land. The land deed was in my mother and my sister's name but was not worded with right of survivorship. I understand that this will have to go through probate. Is it correct that the state will end up with a portion of the value of the land and the home that is on it and if so, how is it the states portion calcuated? Thank you.
1 Answer from Attorneys
Re: Deeded property without right of survivorship
The State will not end up with a portion of the land. You are correct that the land was held as tenants in common with you sister. This mean that they each own a 50% interest of which your moms share will have to go to probate. This is not the end of the world. Under the new probate code effective 4-1-2000 called EPIC, you can commnece an Informal proceedings and if there is harmony in the family the whole process could take no more than 6-7 months. The cost to file $100. Publication fees $50, attorney fees about $1,000 and the state inventory fee is based upon the value of the estate. For example $100,000 estate about $480.00 fee.
If you have any questions or I can assist you with the process call me. Don Rosenberg 248.647.4440
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