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What type of deed if needed for my mother to leave her children her home upon her death?

What type of deed if needed for my mother to leave her children her home upon her death?

Q: Can a personal representative change a will?

No, a personal representative cannot change a will. Their role is to administer the estate according to the terms of the will. If changes are needed, the original testator must make those changes while they are alive and competent. Any modifications must be executed following the legal requirements for wills.

Q: What does it mean when someone puts you in their will?

When someone puts you in their will, it means they have designated you to receive a specific asset or benefit from their estate after they pass away. This could include money, property, or personal belongings. Being named in a will indicates the deceased person's intention regarding how their assets should be distributed.

Q: How much power does a personal representative have?

A personal representative has the authority to manage the deceased's estate, which includes paying debts, collecting assets, and distributing property according to the will. Their powers may vary based on the will's provisions and state laws. They must act in the best interest of the estate and its beneficiaries.

Q: Can a personal representative change the will?

No, a personal representative cannot change the will. They are responsible for executing the will as it is written. If changes are needed, the testator must make those changes while they are alive and competent, following the proper legal procedures for amending a will.

Full question:

My Mother has terminal lung cancer and has put a will together with me as the executor of her estate. There is only a home involved that is worth approx. $115,000 although $50,000 is owed on the home. Mother's wishes would be that her home is sold and all belongings and divided amongst the 6- children. My question is, in Michigan should there be a quit claim deed completed? And should it be in the Executor's name only or all 6-children? Also, what type of Michigan tax is involved in this situation or federal tax? The total estate value will be approx.$75,000.

Category: Wills and Estates
Date: 04/07/2025
State: Michigan

Answer:

There would be no Federal estate tax on $75,000.00. Sorry to hear about the cancer. When the mother dies, the Will is probated and a deed to the buyer is usually signed by the executor. Most Wills give the executor the power to sell the property without court order. If not, a court order would be required to sell. Probate should be simple. There could be other methods to effectuate a transfer of the home now or on her death that could be discussed with an attorney if you have concerns.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a terminally ill person change their will?

Yes, a terminally ill person can change their will as long as they are mentally competent to do so. They must follow the same legal requirements for creating a will, which typically include being of sound mind and having the will properly witnessed. It's advisable to consult with an attorney to ensure the changes are valid and reflect their current wishes.

Can a personal representative change a will?

What does it mean when someone puts you in their will?

What are the steps of writing a will?

The steps for writing a will typically include deciding on your assets, choosing an executor, listing beneficiaries, drafting the will, and signing it in front of witnesses. It’s important to ensure the will meets state requirements to be valid. Consulting with an attorney can help clarify the process and ensure your wishes are legally binding.