Legal Question in Wills and Trusts in Michigan

If I am living in my deceased fathers home, paying his mortage, property taxes & insurance, can the estate rep evict me. I am (1) of (4) heirs which includes the rep and we are all equal heirs. I am the only heir willing to maintain the deceased mortage payments and have lived in the house for years before my fathers death with him.


Asked on 8/26/09, 12:00 pm

2 Answers from Attorneys
John Tatone John R. Tatone & Associates PLC

The personal representative may evict you from the property, however, it has been my experience that Judge's do not want houses to be vacant. Thus, you should contact me to discuss the possibility of staying in the home at johntatone.com

Read more
Answered on 8/31/09, 4:11 pm
Brad Aldrich Aldrich Legal Services

I would need to know if your father's estate has been probated or if there is a Trust in place which would get around the need for probating the estate. If one of the other heirs is the successor Trustee then they have complete control over the assets that are in the name of the Trust, including evicting you. If there is no Trust, the Personal Representative under a Will will most likely have to start a Probate case to get the Circuit Court to Order you removed. The language in any Will/Trust also has an impact on this situation. Aldrich Legal Services, PLLC specializes in all Probate matters along with Bankruptcy, Family Law, Real Estate and other areas of law. If you would like a free consultation regarding this or any other legal matter please visit our website at aldrichlegalservices.com or call us directly at (734) 404-3000

Read more
Answered on 8/31/09, 4:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan