Legal Question in Wills and Trusts in Michigan

Re: Moms house

If the contract to buy the house was a valid contract, it is most likely still enforceable even though your mother has passed away. The contract itself may have language that answers this question. Real Estate Purchase Agreements often say that they are binding upon the parties successors. This would include your mother's estate. If the contract was silent on this point, the contract would very likely be enforceable anyway because the Estate steps into your mother's shoes and can sell the house on her behalf.

Your brother is liable to the Estate for rent and insurance. The house is an asset of the Estate. Therefore, if your brother is living in the house he must compensate the estate accordingly.

Re: Moms house

What county did your mother live in at the time of her death? You probably should probate her estate. It is best to use a probate lawyer, especially when there are issues. Bill Stern 248-353-9400

Re: Moms house

Hello,

I have received a copy of your posting regarding your mother's home. I extend to you and your family my condolences for your loss.

In answer to you questions: 1) the contract (agreement to sell) may still be enforceable. It will depend on exactly what was written and whether your brother paid any "consideration" for the right to purchase the house. 2) Yes it is reasonable to expect him to pay a "reasonable" amount of "rent" until the house is sold. That is also his responsibility as executor or Personal Representative of your mom's estate. If you need the assistance of an attorney or have further questions please feel free to call me or my associate, Karen Crusse. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)