Legal Question in Wills and Trusts in Michigan

My mother passed away without a will. I am the personal representative for her estate. The only property she had was her house and contents, with the value being under 35000. She didn't have any creditors, and owned the house free and clear. There are 3 of us kids, and my one brother would like to keep the house. My other brother and I are happy to let him move in. Do I have to wait the full year for the estate to be settled before I can put the house in my brother's name? I really don't want to keep it in my mother's name for an entire year, especially since my brother will be paying the utilities, taxes and insurance. The house needs a lot of work, which my brother will also take care of. If I can't put the house in his name, can I have him put on the deed as a co-owner with my mother? Or should we treat this as a rental for the time being? I'd really prefer just giving him the house.

Thanks for your time,

Susan Hosinski


Asked on 9/16/09, 8:09 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

You may transfer the house to your brother after the period for creditor's claims has elapsed. I was unclear if your brother was paying anything to the estate for the house. You may wish to hire an experienced probate attorney to finalize the transfer, so all of the paper work is accurate and you may close the probate file. You do not have to wait 1 year to finish a probate estate. Please contact me to discuss in more detail at johntatone.com

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Answered on 9/22/09, 12:35 pm


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