Legal Question in Wills and Trusts in Michigan
I am one of five siblings who parent passed away without leaving a will. There is a house in which the five of us have ownership. One sibling who has a home of her home has moved into the house. I want to sell the house, what legal rights do I have to move forward?
4 Answers from Attorneys
If its in probate, the judge will have to decide to sell or force a buyout. If outside of probate, a lawsuit will have to be started to force the issue.
Whoever is the personal representative must ask the probate judge to order a sale of the real estate. If probate has not been started, then that is what must be done.
Based upon your question, it seems that all 5 are on the title to the property. If so, this is not a probate matter. I would first suggest a meeting or at least a phone call between all of the siblings to discuss a game plan going forward, i.e. rent, sell, refinance and divide the proceeds or sell only your interest (1/5) to the others. If an agreement cannot be reached, any one of the siblings has the right to petition the Circuit Court to sell the property and divide the net proceeds. Please contact me if you would like to hire my office for assitance. 888-988-LAWS(5297) or [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
