Michigan Probate and Estate Planning Case Summary | Check Your Title

The Michigan Court of Appeals heard an interesting case as it relates to Michigan Probate and Michigan Estate Planning.  As a Michigan probate lawyer, it is important to stay on top of the latest case decisions.

In Tkachik V. Mandeville decided Feb 5, the Michigan Court of Appeals decided that even though a husband and wife had been separated for 18 months, the title of the property, which was held in tenancies by the entireties, remains intact.  Therefore, the property passes to the surviving spouse.

The court rejected the plaintiff’s argument that a decedent’s spouse’s estate can sue the surviving spouse for contribution for expenses made related to the entireties property based theory of unjust enrichment.

In other words, the court reinforced, that how your assets are titled controls.  It is important to review titling of your assets, such as house, bank accounts, IRA’s with your Michigan estate planning lawyer, otherwise there could be unintended consequences.

-Christopher J. Berry, Esq.
Oakland County Probate Lawyer