Probate and quitclaim
The will divides the estate 50-50. Brother has a quit claim for the property. Is he required to share the property 50-50
Probate and quitclaim
The will divides the estate 50-50. Brother has a quit claim for the property. Is he required to share the property 50-50
Re: Probate and quitclaim
No, generally under Michigan law, a co-owner with rights of survivorship is not required to split the (value of the) property with anyone else. I suggest that anyone who believes they have an interest in the property should first try to obtain it voluntarily. If the co-owner will not do so, they can always Petition the Probate Court (in the County in which the decedent resided) seeking a share. Generally, to succeed in such an action the person seeking the Court Order would need to provide evidence to convince the Court that splitting the property was the decedent’s wishes and intent.
Sanford Mall, JD, CELA
Mall Malisow & Cooney, PC
30445 Northwestern Highway, Suite 250
Farmington Hills, MI 48334