Legal Question in Wills and Trusts in Michigan
If a person dies leaving no will and the spouse assumes that the property is automatically transferred to them and assumes responsibility for the taxes and never has it officially transferred for a period of ten years until THAT spouse dies ALSO leaving no debts and five children that all agree it is easier to continue the upkeep on taxes and not divide the property or sell is there any reason besides selling that anything needs to change.
2 Answers from Attorneys
Unless all of the children are on the deed, a new deed must be done listing all of the children as owners. It may be necessary to open a probate estate for that to happen depending upon the names and language in the current deed. Please contact me if you would like my assistance. John R. Tatone 888-988-LAWS (5297)
Yes, probate will be needed unless a deed has been prepared and signed before your parents passed.
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