North Lakeport, MI Estate Planning Law Firms & Lawyers

It is better to use a Warranty Deed so the recipients have a potential claim against the grantor and the predecessors in interest (and their title insurance).

They have died intestate. If any of the assets are not in joint name or without beneficiary designations, a probate estate should be opened. A Personal Representative will be appointed who will have the power to sell and distribute assets as part of the ordinary administration of the Estate.

Assets owned by the deceased person at death will be part of the decedent's estate unless the ownership terms of the asset (joint tenancy, transfer on death, designated beneficiary, etc) dictate the subsequent owner. The assets in the decedent's estate are distributed in accordance with the terms of the decedent's will, if any. If no will then in accord with the statute on descent and distribution. If no will, the spouse receives of the estate and the children of the decedent equally share in the remaining half, with the descendants of a deceased child dividing the deceased child's share. If your husband purchased and owned the house then it would be in his estate. All of his children, including the child of a prior marriage, would receive equal shares in of his estate and you, as spouse, would receive of the estate. If there is a will then the terms of the will would control and your husband's estate would be distributed in accord with the terms of the will.