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My husband and father share property in the state of

Customer Question
My husband and father...

My husband and father share property in the state of Michigan as joint tenants. My Father passed away. My question is this, What does joint tenants mean and does the property go to my husband ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Michigan

Lawyer's Assistant: What documents or supporting evidence do you have?

We have the deed and paper work from the mortgage holder stating joint tenants

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Just that

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/22/2018
Real Estate Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 6 months ago
Ok
Real Estate Lawyer: Nisha Jones,
 replied 6 months ago

I'm sorry for your loss.

Whether or not the property goes entirely to your husband depends on whether this was a joint tenancy with rights of survivorship.

If the deed does not state that it was, then it will most likely be considered a tenancy in common, which means that your father's share of the property, would pass to his estate.

If he had a will, then he may have instructed in his will, who his share in the property was to pass to.

If he did not have a will, then Michigan state intestacy laws will govern, and his share in property will pass either to his surviving spouse or surviving children if he did not have a spouse.

Again, his share in the property will only automatically revert to your husband if the deed specifically states that it is a joint tenancy with rights of survivorship, otherwise the law treats it as a tenancy in common (as I described above).

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 6 months ago
Thank you
Real Estate Lawyer: Nisha Jones,
 replied 6 months ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Real Estate Lawyer: Nisha Jones,
 replied 6 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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