Legal Question in Wills and Trusts in Michigan

Father's last wish, but no will.

My father died two years ago and I am doing the estate for the family. My father paid $20,000.00, when he first purschased the family house. His last wish was for me to get the house, but I had to pay the family a total lump sum of $20,000.00 divided four ways. The house is worth three times that amount and he died before he could do a will. What should I do to get the probate court to allow me to get the house transfer over into my name and show them I am not cheaping the rest of the heirs? My borther and sisters are all in agreedment on the $20,000.00, and know the true value of the family home.


Asked on 1/18/03, 12:40 am

1 Answer from Attorneys
Patricia Prince Patricia Gormely Prince, P.C.

Re: Father's last wish, but no will.

You will need to file a Section 3914 Agreement with the Probate Court. Under Michigan law (Michigan Compiled Laws Section 700.3914),heirs may agree to alter their interests in an Estate in any way that they provide in a written agreement signed by all of them. This means that you and your siblings can prepare and sign a written agreement setting forth the transaction involving the house. You will then need to submit the Agreement to the Probate Court for its approval.

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Answered on 1/19/03, 4:27 pm


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