Legal Question in Wills and Trusts in Michigan

What can I or should I do?

My mother recently passed away. Her boyfriend and her equally owned a home together. She had no will. Is the home that she has paid for for the last 9 years automatically his? I don't want to be a jerk but I also do not want him selling it and keeping all the money or him passing and leaving it all to his 2 children (that were NOT her children). What is my legal recourse?


Asked on 3/13/09, 6:28 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: What can I or should I do?

it would depend on whether they owned it as tenants in common instead of joint tenants. Visit www.kliszlaw.com to discuss. Tim Klisz

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Answered on 3/13/09, 7:02 pm
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: What can I or should I do?

The answer depends as to how the deed was actually titled. If the deed says mom and friend as joint tenants with rights of survivorship then friend owns it and there is nothing you can do unless you prove mom wss coerced, unduely influenced or not competent. IF the deed is silent as to their ownership or says tenants in common. If that is the case friend owns 50% and your mom owns 50% interest. Further, I am afraid your mother's interest will have to be probated.

Should you have any questions or need further assistance please visit website for all of my contact information.

Don Rosenberg

[email protected]

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Answered on 3/13/09, 8:03 pm


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