Legal Question in Wills and Trusts in Michigan

Trust and wills

My father passed away this month. He had a trust with only the house in it. In the trust he stated he wanted my brother and I to split 50/50. I know he wants us to have everything split that way but, his trust only had house. My brother wants to purchase house, which was a part of the trust. He also had 2 cars, my brother and I have agreed we would each take one. How do we go about transfering titles? or does it have to go through probate? Does everything have to go though probate that was solely in is name? My brother and I are not fighting, and have agreed upon everything. Dad also had a checking account which is paying off funeral and one of the cars. He does not have any other debt. The house is paid for. The successor was going to take the remainder money out of the checking to split it 50/50 leaving some for misc. bills. Does it all have to go to probate even if we are agreeing on everything?


Asked on 8/30/08, 2:10 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Trust and wills

unfortunately, assets in his name only must be probated. All other trust assets do not have to be probated. Contact me to disducc in more detail at www.kliszlaw.com. Tim Klisz

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Answered on 8/30/08, 2:28 pm


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