If both mine and my mother’s name are on her house, when I sell do I have to go through probate?

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If both mine and my mother’s name are on her house, when I sell do I have to go through probate?

If probate is a must, can I sell before she passes away to avoid probate?

Asked on April 11, 2012 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are doing a little estate planning here and the best way to do that is to go and see some one who can look at your assets and how they are held.  If the house is held as joint tenants or tenants in common WITH RIGHTS OF SURVIVORSHIP then the house passes to you or to your Mother on the death of the other automatically.  Probate would be unnecessary.  Selling before she passes does avoid probate but could be a tax issue.  Good luck.


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