Legal Question in Wills and Trusts in Michigan

Home title transfer w/o probate court

Have a house that was in Mothers name. She passed away sometime ago. The mortgage has been kept up by 5 siblings. The mortgage was just paid off, and all siblings have decided to give it to one. The loan was just paid off by this sibling. How would you go about getting a title transfer to the one sibling without going through probate court?


Asked on 10/13/05, 10:35 am

2 Answers from Attorneys
Katie Jackel Law Office of Katie E. Jackel

Re: Home title transfer w/o probate court

It depends on the current title of the deed. If it was in the mother's name and she died with just a will, then it may have to go through the probate court to get to the heir. If it was titled to a trust or had the children's names on it, you can avoid probate. I would need to see the deed. You can call me if you need help with it.

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Answered on 10/13/05, 12:23 pm
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Home title transfer w/o probate court

I believe you are in Warren. We are close to you. If the home is truly in your mother's name ONLY, not in a trust or joint or life estate then clear title can only be accomplished by going throught the probate process. If family all gets along the probate process is easy and not a fortune. I would recommend an Informal probate. It is like "mother may I". The court gives you permission and all work is completed and then you file a closing statement. Very easy. No more than $1,500 plus costs, provided it is uncontested. Does not make a difference if there is a will or not.

Call if you have questions or check out our web site. www.brmmlaw.com

don

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Answered on 10/13/05, 4:30 pm


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