Legal Question in Wills and Trusts in Michigan
death of mother, her house, etc.
My mother-in-law passed away, leaving a son and daughter. What is the course of action relative to her home, mortgage, etc. The mother's sister seems to be acting as some type of executor, meanwhile I'm stuck paying mortgage payments, utilities, taxes. What needs to be done? Thank you.
1 Answer from Attorneys
Re: death of mother, her house, etc.
A Petition needs to be filed to open an estate in the county in which the decedent resided. Then, a personal representative needs to be appointed. Ultimately, you can ultimately make a claim against the estate for repayment of all debts you have paid out.
Contact the sister and ask to see her powers of appointment as personal representative. This will tell you if an estate has been opened. The document is in the form of a court order. If she shows you a power of attorney, this is not legal because powers of attorney are automatically revoked upon death.
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