Legal Question in Wills and Trusts in Michigan

Re: Letter of authority

What your Realtor is referring to is the Letter of Authority from the Probate Court which authorizes you to act and distribute the assets of your parents, as the personal representative/executor of their estate. In many cases if the home is still in the name of your parents it will require opening a probate estate to correctly dispose of their assets, such as the home.

Failure to do so will likely prevent a sale of the home since the title company and Register of Deeds will not know who has the authority to sign the paperwork for a sale and disposition of the home.

You may contact your local county probate court for assistance, but often an attorney can better assist you in taking the necessary steps in the most efficient manner so the home may be listed in this "Spring" market and not delayed until later in the Summer.

For additional information you may view the estate planning information on my website, www.SevickLaw.com.

Re: Letter of authority

your realtorbis correct. You need a Letter of Authority from the Probate Court where the property is located. You have to open a deceased estate. Contact me if the matter is in SE Michigan. Visit www.kliszlaw.com for more details. Tim Klisz