Quick Summary

Here’s a summary of an important Michigan court decision about what happens when a will leaves someone a specific piece of real estate.

When a will says a person receives a home or property, Michigan law generally treats that person as having a real interest in the property as soon as the owner dies. Because of that, the person receiving the property may have the right to go to court to protect their ownership.

A recent court decision confirmed that the person named to receive the property — not just the estate — may bring a lawsuit if there is a dispute over the title.

Why This Matters

Many families assume everything must be handled only through the estate or the personal representative.

But Michigan law works a little differently with real estate.

When someone dies, ownership of real property usually shifts immediately to the people named in the will. That transfer is still subject to things like creditor claims, administration of the estate, and certain family protections. But the key point is this: the person receiving the property may already have a legal interest.

The Michigan Court of Appeals recently confirmed this in Young v. Kashat, a case involving a dispute over a home left in a will.

In that situation, a woman’s will left her home to her daughter. Years later a dispute arose over ownership of the property. The trial court initially said the daughter could not bring the lawsuit herself.

The Court of Appeals disagreed.

The court explained that when a will gives someone a specific property, that person can be a proper party to a case involving the title to that property. In other words, they don’t always have to wait for the estate to act.

This comes up more often than people think, especially when:

• Family members continue living in a home after death
• Old deeds appear years later
• Property transfers were unclear
• Someone claims ownership that conflicts with the will

Another important rule that surprises families involves mortgages.

If a will leaves someone a house, the person receiving it usually takes it with the mortgage still attached. The estate does not automatically pay it off unless the plan clearly says that should happen.

That small detail can make a big financial difference.

Simple Lesson

Small details in estate planning can have big consequences.

Action Step

If your estate plan leaves real estate to someone, it’s a good idea to review how that gift is structured and whether it truly reflects your wishes.

If you’d like to talk about your estate plan or long-term care planning, we’re always happy to help.
Call us at (517) 548-7400 or reach out here: https://www.michiganestateplans.com/contact-us