Legal Question in Wills and Trusts in Michigan

Probate and quitclaim

The will divides the estate 50-50. Brother has a quit claim for the property. Is he required to share the property 50-50


Asked on 10/26/06, 3:52 pm

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Probate and quitclaim

No, generally under Michigan law, a co-owner with rights of survivorship is not required to split the (value of the) property with anyone else. I suggest that anyone who believes they have an interest in the property should first try to obtain it voluntarily. If the co-owner will not do so, they can always Petition the Probate Court (in the County in which the decedent resided) seeking a share. Generally, to succeed in such an action the person seeking the Court Order would need to provide evidence to convince the Court that splitting the property was the decedent's wishes and intent.

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Answered on 10/26/06, 4:09 pm


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