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How long could that take in probate court here in MI, Macomb County. Her home is worth around 100.000 she has no debt, and no liens on her home home was paid off. Will they just split it 3 ways or how does that work.

2007-07-17 08:36:44 · 3 answers · asked by CH25 2 in Politics & Government Law & Ethics

3 answers

It will go to Probate.

If all three sons agree, the house could be declared the joint property of all three heirs. If just one of them is intelligent enough to foresee the kind of trouble that will cause, it will be sold. Any one of them might buy out the other two at a price everyone agrees on, but if not, the court will order the Administrator to hire realtors and sell it.

The less arguing and demanding the three are, the better the position they will be in for the sale, and the more eventual proceeds there will be from the sale after the attorneys and realtors get paid.

Dying with a paid off house and no Will is going to test the meaning of "family" for the heirs.

2007-07-17 08:45:12 · answer #1 · answered by open4one 7 · 1 0

Consult a probate attorney where she lived. Laws vary from state to state. If the property was held in joint tenancy with one or more other persons then it goes to the surviving joint tenant(s) in practically every state. If the property was in her sole name it will likely have to be probated and distributed by intestate succession. To be certain of what to do get a lawyer.

2007-07-17 15:42:05 · answer #2 · answered by Anonymous · 1 0

Probate not necessary if all sons agree to share equally but then again some smart lawyer wont make a buck that way.

2007-07-17 15:40:16 · answer #3 · answered by joseph m 4 · 0 1

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