Porter, TX Estate Planning Law Firms & Lawyers

Your situation is sufficiently complex (unmarried couple, real estate that is the separate property of one of the partners) that you need to meet with someone who does estate planning, and perhaps someone who can help you with a separate property agreement. These are not easy conversations to have, as a number of people fear that the separate property agreement is really a "pre-separation" agreement, when it is really a device to set down your desires on paper so that everyone understands and there is no confusion. It is unusual that a person who owns real estate would opt for a will over a living trust, but it happens. The estate planner with whom you consult can evaluate your situation and advise you appropriately.

It is difficult to answer a question like this without more complete information about the estate, and how the land will transfer in the first place. If your mother passed in July of 2013, you should still have time to "disclaim" your share of the land that might do what you want, but more information about the family is needed. You could simply deed your portion to your brother, but first you need to make sure that you are properly in title to the land, and this approach might involve a need at least to file a gift tax return. Honestly, it's land it must have enough value that it's worth hiring a lawyer to make sure things are done correctly.

No, a child whose parent has terminated parental rights inherits nothing under Michigan's intestate estate law. She would, of course, inherit from her adoptive father.