Legal Question in Wills and Trusts in Michigan

Probate or Not?

My father recently passed away with no will. There are no assets but his home, (appraised at $120,000, with $63,000 owed on a second mortgage), and a vehicle worth $4,000. He also has about $10,000 in credit card debt. The only heirs are my sister and myself. My question is , my mother's name is still listed on the deed & second mortgage, (which she had to sign on) even though they were divorced approx. 10 years ago. Her divorce papers do not read "full rights to survivor" on them.

1.) do we need to go to Probate, as we all agree on who gets what, etc.?

2.) do we have to pay off the credit card debt? (no co-signers on them, no cash assets on hand.)

Thank you for your assistance.


Asked on 5/19/00, 2:57 pm

1 Answer from Attorneys
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Probate or Not?

Yes you have to go to probate. the bottom line is the title companies will not ensure the title unless there are the appropriate letters of authority from the probate court.

next the creditor under MI law must be advised of the probate and then they have 4 months to file a claim. I am an expert in probate and can help Don L. Rosenberg

Barron & Rosenberg, P.C.

200 East Long Lake Rd., Ste 180

Bloomfield Hills, MI 48304

248.647.4440

248.647.4727 (fax)

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Answered on 7/04/00, 9:48 pm


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