Legal Question in Wills and Trusts in Michigan
A Will Contest
Can a personal representative or lawyer sell off home/property when there is plenty of money in the estate? Or can they let someone live in a home from the estate and also pay them while there is insurance on the home already? These things have happened and are happening while nothing has been settled in court. Is this even legal when we did not sign any papers to allow this to happen?
2 Answers from Attorneys
Re: A Will Contest
The facts that you have laid out are a little confusing. When an individual dies a personal representative is appointed to act on the behalf of the estate that individual has a duty to the estate, and the members of the estate to act in the estates best interest.
Part of your question depends on if there is a will which provides instructions regarding the distribution of assets. If there is not a will, everything would be divided and/or distributed intestate. Intestate statutes provide how an estate is divided and to who where there is no will.
Typically, selling a home is not uncommon as part of the distribution of an estate. There are also times where a family member may be allowed to remain in a home which is part of an estate.
If you disagree with the handling of the Estate you may want to first contact the personal representative to discuss your issues. If you still have concerns you will need to retain an attorney to represent your issues regarding the handling of the estate.
If we may be of any further assistance please do not hesitate to contact us directly.
Re: A Will Contest
IF you don't hire a lawyer and object timely... "YES". These actions are not uncommon when and where they are considered to be in the "best interest" of the heirs and the estate.
Yours truly,
Francois M. Nabwangu, Esq.
http://fnabwangu.googlepages.com