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  1. #1
    Join Date
    Dec 2011
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    Default Jointly Owned Property

    My question involves estate proceedings in the state of: Michigan

    My former spouse passed away before we sold our jointly owned home. My name is on the deed to the home and on the mortgage. Per divorce "...house shall be sold and the proceeds equally divided among between the parties." What does all of this mean to me and our adult children? The children are not interested in receiving proceeds from the home. They were beneficiaries to both his bank accounts and his insurance policy. Only other assets are items from home and a 2 cars, less than $10,000 value in total. We have been paying all the bills he owed and have made plans to pay for the funeral expenses. Is the home considered part of estate? Do we need to file probate?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Jointly Owned Property

    if the divorce judgment holds that you own half of the home and your ex- owns the other half, then half of the home is yours and half belongs to his estate.

    Given that you appear to be stating that real estate remains in the name of the decedent, it would appear necessary to probate the estate to convey clear title. It sounds like the estate, being pretty simple, would be a good candidate for unsupervised probate (a simpler probate process), but that it has too many assets to be wound up as a small estate.

    If the decedent's name is not on the real estate, such that no probate is required for you to remove his name from the title, and the legal heirs are fine with that, it shouldn't be necessary to probate the estate. As long as the heirs agree on who would receive the vehicles, as their value is well under $60,000, title can be transferred by the Secretary of State to the next of kin if they submit a death certificate, an affidavit of kinship, the vehicle’s certificate of title, and probably a few additional documents - the Secretary of State's office should be able to clarify the process. However, if it is necessary to open an estate, that process is not available - they vehicles would have to be distributed through probate.

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