I'm trying to sell my house, boyfriend passed away. Both our names are on a Warranty Deed, does this have to go to probate?
Boyfriend passed away, have a buyer for the home. Title company looked at the deed ( 9 days away from closing) told me that I HAVE TO get an attorney and this absolutely has to go through probate. I just want to know if this stops the sale of the home?
Mr Frederick is correct and to add further, this will depend on whether the property is owned as ‘tenants in common’ or as ‘joint tenants with full rights of survivorship’.
Without seeing the recorded deed we are guessing but unlike Mr Frederick, I don’t have a great deal of confidence in the title company! There are many who go by the motto ‘when you don’t know, require the other party to go to probate/court.’
Get your own attorney to review the documents and explain the situation to you. This may cause some delay but it shouldn’t kill the deal.
Get that local review and advice.
I am licensed to practice in Michigan only. This answer is offered for information purposes only, and does not create an attorney/client relationship or constitute legal advice. Please seek competent local legal help if you feel you need legal advice
Without seeing the deed, it is impossible to say for sure. But I would expect that the title company knows their business and that it is likely that probate will be needed. There may be workarounds depending on facts that you have not included in your summary. But more information is needed. Probate would not "stop" the sale. But it might delay it, depending on the facts. And you may or may not be entitled to your boyfriend's share of the proceeds.
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