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Michigan - WAIVER OF NEXT OF KIN

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SweetAngel1221

New member
MICHIGAN ~ What to do when the Next of Kin doesn't want anything and has No intention of filing legal paperwork to get new mobile home and car title changed so they can be sold?
My Uncle passed away 5/13/2017 without a Will. His only assets are a mobile home & older car and the titles are in his name. Both are worth together (approx.) between $6,000.-$10,000.

The Management at the Mobile Home Community where he lived, is demanding a new title so the mobile home could be sold or rented out. No one lives in Mobile home, but they continue to charge lot rent...
but we can't sell or even rent it out until we have new title.

My Uncle's 2 adult children live out of state and are the next of kin. Then next of kin would be my Mother (his oldest sister) and then my Aunt. His daughter and son have stated that they don't want anything. Sadly his daughter has Stage 4 Breast Cancer and fighting for her life. She said that she is focusing on beating her cancer and has no intention of filing the paperwork to get the name on the title changed from my deceased Uncle's name. His son has also stated that he has no intention of filing the paperwork either. I don't know what to do since they aren't going to file the paperwork to get new titles.

Under Michigan law we found that we just have to go to the Secretary of State to get the titles for car and mobile home changed...but my cousins live out of state and have no intentions of filing the paperwork. We would like to avoid opening an estate or probate, since we really can't afford it.
Is there a legal form that my cousins can sign that gives legal authorization for the next of kin be transferred to my Mother and then my Aunt?

Just trying to figure out how to get the new title so the Mobile Home can be sold or rented out, since it's still in Uncle's name.
Originally, my Uncle's daughter said she would file the paperwork, but now that she has Stage 4 Breast cancer, she needs to focus on beating her cancer.
Just need to know what to do, so we can get name changed on the titles without going to court.
Thank you for you time. I truly appreciate your help and guidance.
 


Just Blue

Senior Member
MICHIGAN ~ What to do when the Next of Kin doesn't want anything and has No intention of filing legal paperwork to get new mobile home and car title changed so they can be sold?
My Uncle passed away 5/13/2017 without a Will. His only assets are a mobile home & older car and the titles are in his name. Both are worth together (approx.) between $6,000.-$10,000.

The Management at the Mobile Home Community where he lived, is demanding a new title so the mobile home could be sold or rented out. No one lives in Mobile home, but they continue to charge lot rent...
but we can't sell or even rent it out until we have new title.

My Uncle's 2 adult children live out of state and are the next of kin. Then next of kin would be my Mother (his oldest sister) and then my Aunt. His daughter and son have stated that they don't want anything. Sadly his daughter has Stage 4 Breast Cancer and fighting for her life. She said that she is focusing on beating her cancer and has no intention of filing the paperwork to get the name on the title changed from my deceased Uncle's name. His son has also stated that he has no intention of filing the paperwork either. I don't know what to do since they aren't going to file the paperwork to get new titles.

Under Michigan law we found that we just have to go to the Secretary of State to get the titles for car and mobile home changed...but my cousins live out of state and have no intentions of filing the paperwork. We would like to avoid opening an estate or probate, since we really can't afford it.
Is there a legal form that my cousins can sign that gives legal authorization for the next of kin be transferred to my Mother and then my Aunt?

Just trying to figure out how to get the new title so the Mobile Home can be sold or rented out, since it's still in Uncle's name.
Originally, my Uncle's daughter said she would file the paperwork, but now that she has Stage 4 Breast cancer, she needs to focus on beating her cancer.
Just need to know what to do, so we can get name changed on the titles without going to court.
Thank you for you time. I truly appreciate your help and guidance.
You are posting under a new user name. Why? I know it's not because you "forgot" your original name because you were online with that name a little while ago.

https://forum.freeadvice.com/threads/i-m-electric-michigan-shut-off-power-denying-service-until-deceased-persons-bill-is-paid.648535/
 

SweetAngel1221

New member
Thank you for replying to my question. I appreciate your help.

Yes, I could just walk away from the situation, but then I would not be honoring my Uncle's wishes and I don't want to have to live with that. He was a good, kind and loving man and I know that I at least have to try my best to help with honoring his wishes.
He died of cancer and even though he didn't have a Will, he had verbally made his wishes known to the family. First ~ his wishes were for my elderly Mother & disabled brother to move in there if they wanted and was able to.
Second ~ If they weren't able to move in there, he wanted the mobile home and car sold and the money to be split between my Mother & Aunt.
He loved his kids very much, but knew they wouldn't be interested in anything. Both of them have high paying jobs and doing very well and have no issues with honoring his wishes. My Uncle was worried and knew that my Mother and disabled brother were struggling and wanted to help them by offering them to move in after he and his roommate/partner had passed away. His roommate /partner died a year later on May 2, 2018.

Since my cousins are the next of kin and live out of state, the Michigan S.O.S. mailed the paperwork to them to fill out and file for new titles. Sadly, my Uncle's daughter was diagnosed with Stage 4 Breast Cancer and she was the one that was going to take care of getting the title transferred. I totally understand that she needs to focus on beating her cancer and not up to dealing with anything else. That's why I asked the question about a waiver they could sign or if they could write a letter to give someone legal authority to do it for them.
During the time my Uncle was in Hospice, he apologized for not having a Will, but asked that we do all we can to honor his wishes... And that's why I just can't walk away without trying to honor them. He was a very loving and generous man and it would break his heart to think that his family would walk away from trying to honor his wishes.

If anyone knows of anything else that may help, please let me know.
We are grateful and thank you for your help.

P. S. Yes, I changed my User Name to SweetAngel, because that is what my Uncle and his partner/roommate use to call me.
 

SweetAngel1221

New member

Dandy Don

Senior Member
If the decedent's mother is going to be filling out this form, she may want to protect herself legally by first asking each of the two children to sign and grant the mother POA (power of attorney) to do this transaction.
 

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