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AV Preeminent Peer Rated Attorneys
Bradley Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Bradley Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 2828 Kraft Ave SE, Suite 236, Grand Rapids, MI 49512

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  • 137 N. Park St., Kalamazoo, MI 49007

  • 5136 Cascade Rd. S.E., Ste. 2B, Grand Rapids, MI 49546

  • 4080 W. E Ave., Kalamazoo, MI 49009

  • 455 Cherry St. S.E., Grand Rapids, MI 49503-4658

  • 5136 Cascade Rd. SE, Ste. 1A, Grand Rapids, MI 49546-3724

  • 4641 Woodland Hills Ct., Kalamazoo, MI 49006-6214

  • 312 E. Fulton St., Grand Rapids, MI 49503

  • 29 Pearl St. N.W., Ste. 305, Grand Rapids, MI 49503

  • 2140 44th Street, S.E., Suite 302, Grand Rapids, MI 49508

  • 4519 Cascade Rd., S.E., Grand Rapids, MI 49546

  • 678 Front Ave NW, Ste. 360, Grand Rapids, MI 49504

  • 471 W. South St., Ste. 40, Kalamazoo, MI 49007-4673

  • 4163 Clyde Park Ave., S.W. Ste. 201, Wyoming, MI 49509

  • 15 Ionia Ave., S.W., Ste. 610, Grand Rapids, MI 49503-4102

  • 29 Pearl St., Grand Rapids, MI 49503-3016

  • 180 Ottawa Ave., N.W., Grand Rapids, MI 49503-6011

  • 2025 E. Beltline Ave. SE, Grand Rapids, MI 49546

  • 200 Turwill Lane, Kalamazoo, MI 49006-4277

  • 4185 Pro Line Court, Suite C, Dorr, MI 49323

  • 2951 Thornhills Ave. S.E., Grand Rapids, MI 49546

  • 1425 S. Hanover St., Hastings, MI 49058-2544

  • 380 Garden Ave., Holland, MI 49424

  • 5955 West Main St., Kalamazoo, MI 49009

  • 1430 Michigan St. NE, Grand Rapids, MI 49503

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What are next steps or if I will be able to keep the house if both of my parents are deceased and the house is mortgage free?

Randall C. Romei
Answered by attorney Randall C. Romei (Unclaimed Profile)
Estate Planning lawyer at Ashcraft & Ashcraft, Ltd.
If the title to your parent's home was in joint tenancy with rights of survivorship then your mother was the sole owner of the property at her death since she was the surviving joint tenant. As the sole owner, the property would be in her estate and subject to the claims of her creditors. The exact wording of the deed is critical in determining if the property was held in joint tenancy. If your parents owned the property as tenants in common, then you would have received an ownership interest after your father's death. The portion of the ownership interest you received from your father at his death would not be subject to your mother's creditor claims. Five years ago, when your father died, Illinois did not permit payable on death transfers of real property. Even now, after Illinois has a statute that permits transfers of real property on death, such a deed is highly specialized and is not fully compatible with joint tenancy ownership. If your father had any financial accounts that were payable on death and identified you as the beneficiary then you would have received ownership of those accounts after your father died.
If the title to your parent's home was in joint tenancy with rights of survivorship then your mother was the sole owner of the property at her death since she was the surviving joint tenant. As the sole owner, the property would be in her estate and subject to the claims of her creditors. The exact wording of the deed is critical in determining if the property was held in joint tenancy. If your parents owned the property as tenants in common, then you would have received an ownership interest after your father's death. The portion of the ownership interest you received from your father at his death would not be subject to your mother's creditor claims. Five years ago, when your father died, Illinois did not permit payable on death transfers of real property. Even now, after Illinois has a statute that permits transfers of real property on death, such a deed is highly specialized and is not fully compatible with joint tenancy ownership. If your father had any financial accounts that were payable on death and identified you as the beneficiary then you would have received ownership of those accounts after your father died.
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What documents are needed so my uncle can sign over deeds of his house to me?

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Answered by attorney Mark T. Peters (Unclaimed Profile)
Estate Planning lawyer at Peters Law, PLLC
You need a deed with the proper legal description. I don't know about where you live, but I can go to the Recorder's office here with an address and they will print out the deed to the property for me for a couple of dollars. However, if he is doing this to be eligible for Medicaid, it may not do what he wants since there is a five-year look back period.
You need a deed with the proper legal description. I don't know about where you live, but I can go to the Recorder's office here with an address and they will print out the deed to the property for me for a couple of dollars. However, if he is doing this to be eligible for Medicaid, it may not do what he wants since there is a five-year look back period.
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If a person dies in another state while visiting their son, where is the person's will supposed be probated?

Michael C Hyde
Answered by attorney Michael C Hyde (Unclaimed Profile)
Estate Planning lawyer at Office of Michael Hyde PLLC
A will must be probated in the county in which the individual was residing full time. In certain limited circumstances a person's will can be probated in another jurisdiction IF that person was in process of moving and had not yet established residency in the new jurisdiction but you are able to show the person's clear intent to establish their new place of residence there.
A will must be probated in the county in which the individual was residing full time. In certain limited circumstances a person's will can be probated in another jurisdiction IF that person was in process of moving and had not yet established residency in the new jurisdiction but you are able to show the person's clear intent to establish their new place of residence there.
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