by Sandra D. Glazier
Tkachik v Mandeville, decided by the Michigan Supreme Court in July, 2010, appears to be yet another example of “bad facts making bad law”. In Tkachik, the parties held interests in two separate unrelated properties as tenants by the entireties. The properties statutorily passed to the husband upon the wife’s death, outside of probate (and by operation of law), as the surviving owner of the properties, subject only to the joint obligations secured against such properties.
The opinions expressed in this article are those of the author and do not necessarily reflect the opinion of all members of her firm. In fact, the attorney (Steve Malach) who originally proposed the position in the underlying probate court proceedings ultimately adopted by the majority in Tkachik is also a member of the same firm.
