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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111647
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Michigan Probate File #2016-816070-DE I live in & I am

Customer Question

Michigan Probate File #2016-816070-DE
I live in Virginia & I am the oldest child & Personal Rep. for my father's estate. His residence was in Novi, MI (he passed away in VA with me). Most of his estate passed directly to his wife, my step-mother. As stipulated in my father's will, the only thing which will pass to my 2 sisters & me is a rental property condo in Brighton, MI. This condo will only pass to us upon my step-mother's death. Until her death she collects all rent & pays all expenses. The condo is titled jointly, to my father & me.Do I need to pay the Probate Inventory Fee for the condo when I file the Probate Inventory now or only after my step-mother's death when we sell the condo?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You would need to pay the fee for the condo now, since the condo passes to you now, even though she has right to use the condo, called a life estate. So you have what is called "naked ownership" and she has a life estate (to use and collect rents on it and pay expenses) but the transfer occurs now in this probate where you are listed as owners on the deed and she is listed as a life estate owner on the deed, meaning she cannot sell or encumber the condo, she can live in it and benefit from the fruits of the condo (the rents) and must pay any expenses of maintenance and taxes until such time she wants to surrender the life estate or she dies.

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