Legal Question in Wills and Trusts in Michigan

Re: Does will language override the necessity for probate?

To Whom It May Concern:

This is in response to your email of September 3, 2001, which this office received on October 5, 2001.

In Michigan, if there was no indication in the deed that the sisters owned the property as �joint tenants with rights of survivorship�, then it is legally concluded that they owned the property as �tenants in common�. As such, you must open an estate with the probate court. However, since the will of the deceased sister gives the property to the other sister, this matter should pass through probate quickly and without controversy.

Sincerely,

Charles L. Nichols

[email protected]

(313) 561-5700

Re: Does will language override the necessity for probate?

The interest has to be probated. Otherwise, there will be a gap in the chain of title that will make the condo unsellable down the road.

Re: Does will language override the necessity for probate?

A will does not override probate, it merely directs the court on how to transfer the assets of the deceased person.

As the deeds did not say "joint tenants' or something similar, each sister owned an undivided 1/2 interest. Therefore, the interest of the deceased sister will have to be probated, to pass the interest (and title) to the surviving sister.

It should not be a complicated probate if that is all there is to probate.

Pat Prince