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In pa when the house is owned jointly it is part of the estate?
When property is owned as joint tenants with the right of survivorship the property is NOT part of the estate of the first joint owner to die.
Is probate necessary for an estate that is left to surviving spouse in Michigan?
If the decedent left any property that was solely owned the estate must be probated. Any property owned as joint tenants would automatically pass to the surviving joint tenant.
If you are a personal representative of an estate does it give the personal representative a right to move on the property if owned by a joint owner?
No. Ownership of joint property passes automatically to the surviving joint tenant and does not become part of a decedent's estate.
Is the spouse named on the loan or the estate of the deceased spouse responsible for the debt of joint owned loans?
Yes.
When does residential property fall outside a decedent's estate?
When it is owned as tenants by the entirety or joint tenants with another person.
In MA is a home considered an estate upon death of a spouse?
If the property was owned by the couple as joint tenants or tenants by the entirety the decedent's interest passes automatically to the surviving spouse and is not part of the probate estate. If the property was owned solely by the decedent it becomes part of the estate.
Can a deceased persons spouse sell a jointly owned vehicle without the executor of the will being inovolved?
Yes. Any jointly owned assets do not form part of the deceaseds estate. The assets therefore belongs to the joint owner. This would be true even if the assets was a house.
Does it eliminate estate and probate when heirs are on all accounts as joint owners of deceased?
If the only assets owned by the decedent were joint accounts then those accounts would be owned by the surviving joint owner. Real property, if not held in a joint ownership with right of survivorship, would need to be probated to vest title in the heirs.
Is a house and truck part of an estate?
If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.If owned by the decedent, yes. Any property owned by the decedent at the time of death is part of their estate.
When one spouse has a judgment enter on them can they levy property that is jointly owned by the other spouse?
In Michigan can jointly owned real estate by used to satisfy a judgement against one of the joint owners?
Is a house lien still active when the owner dies?
A lien does not go away with the death. It remains against the estate of the deceased. The debtors will likely file their claim with the estate and make sure they get their money one way or another.
When the second joint tenant dies do the children have to probate the estate?
When the surviving joint tenant dies the property passes according to their Will or under the laws of intestacy if there is no Will. If they owned real property at time of death the estate must be probated in order for legal title to pass to the heirs.
