Does a father’s Will have to go through probate if the house is in the names of both father and daughter?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a father’s Will have to go through probate if the house is in the names of both father and daughter?

A house was left to 4 adult children; 1 child is listed on the deed already. The Will states to sell the house and split equally. Does the child with sole name on house have too?

Asked on October 4, 2011 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I can tell by the way that this question is phrased that the matter must be causing some angst amongst the children.  The most important thing that needs to be determine here is how the house is held between the Father and the daughter.  If it is held as joint tenants or tenants in common (and the deed says nothing more) then half of the house is assumed to be the Fathers and must be included in probate.  If, however, the house is held as above and the deed also states "with rights of survivorship" then the house passed to the daughter automatically at the time of his death and would NOT be considered an asset for probate.  Then that portion of the Will would really just be ignored as the asset technically did not exist in the estate at the time of his death.  If half is to be included in his estate then the daughter also receives a fourth of the half (or an eighth) on top or her half already.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption