Legal Question in Wills and Trusts in Michigan
Quit deed vs. Will
My father passed away without leaving a will. Mom- is still alive and also listed on the house. My oldest brother had my mom add his name to the house. If my mom list in her will the house to a different child, which is the legal of the two? The deed with one brothers name on it or mom's will showing someone other than the brother?
1 Answer from Attorneys
Re: Quit deed vs. Will
Typically, the answer will depend on the language on the deed. If the deed says "joint with rights of survivorship" then when mom dies, the house goes to the son on the deed. If the deed says as "tenants in common" then when mom dies, her share goes to whom she indicates in her will and the remaining tenant keeps his half. Since we have no attorney-client relationship and I do not know your specific situation clearly nor have I seen the deed, the information I have given cannot be relied upon more than as mere information - it is not legal advice.
If you have further questions, please contact me at www.lawrefs.com, my website, at which I believe I have a blog topic discussed on the issue of joint tenancy and tenants in common.
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