A death without a will...

[chayes]

What is the name of your state? Michigan
I am my fathers legal next of kin (only biological child). He recently passed and had no will. He was not married--had a live-in for 28 years ( MI is NOT a common law state). My older sister is legally adopted. I need to know what I should do with his home. It has a mortgage and was not paid off by insurance. Does the property have to go through probate before we can sell it? I don't think anyone will protest--thye don't want to pay for it now! Please help!!

[justalayman]

Originally Posted by chayes

What is the name of your state? Michigan
I am my fathers legal next of kin (only biological child). He recently passed and had no will. He was not married--had a live-in for 28 years ( MI is NOT a common law state). My older sister is legally adopted. I need to know what I should do with his home. It has a mortgage and was not paid off by insurance. Does the property have to go through probate before we can sell it? I don't think anyone will protest--thye don't want to pay for it now! Please help!!

Your sister is the same relation as you are to your father.

How was the deed held for the house? Was the live in on it?

I can't seem to find the germane statutes or readings but probate is generally neccessary so a personal representative of the estate can be named that has the power to sign in place of the deceased. Something you (or another) will need to do when selling the house.

[nextwife]

Originally Posted by chayes

What is the name of your state? Michigan
I am my fathers legal next of kin (only biological child). My older sister is legally adopted.

Why would you think your sister has any lesser inheritance right than you?

If the house is titled with his live-in, or if they were granted a life-estate, then they have such rights to the property. Before you can know, you need to check out the title recvords.

[Dandy Don]

Since this involves real estate, probate is going to be automatically needed. You or the attorney you hire for personal representative has the authority to sell the house.

[nextwife]

Originally Posted by Dandy Don

Since this involves real estate, probate is going to be automatically needed. You or the attorney you hire for personal representative has the authority to sell the house.

No, it won't "automatically" be needed for real estate. Depends upon HOW the title was vested.

If Dad and his GF owned the property together as Jt Tenants, for example, then the Real estate is not subject to probate.. If dad had gone and put the real estate in his children's names, before his death, the real estate is not subject to probate. Until he knows how the RE is held, he can't know if it would be part of probate.