Legal Question in Wills and Trusts in Michigan
Can spouse of a deceased parent evict adult child of the deceased?
My brother's adult fiancee Rose (not her real name) has been living with her father and his wife Dawn (not her real name and not Rose's mother) for several years while she attends college, in which she is still enrolled. Rose's father recently died, and two days after the funeral, Dawn abruptly announced that Rose was to vacate their house immediately with whatever she could fit in her car, give Dawn her only key to the house, and that Rose could return some other time to get the rest of her stuff. Can Dawn do this? Should Rose get an attorney? Should she keep the key to the house and make Dawn get an attorney or an eviction order (if that's possible)? Dawn claims that Rose's father left no will, though Rose believes he actually did, and that he in fact updated it recently when he discovered he was terminally ill.
1 Answer from Attorneys
Re: Can spouse of a deceased parent evict adult child of the deceased?
You have posed many questions and proper answers require additional information. A few thoughts:
1. If the Deed for the house was in the father's sole name, then it will pass via his estate. Therefore, it is important to find his Will and see what it says regarding the distribution of his assets. On the other hand, if the Deed shows joint ownership with rights of survivorship between the father and Dawn, then the ownership of the house has passed to Dawn by operation of law. As a starting point, Rose should obtain a copy of the most recent Deed from the Register of Deeds Office.
2. If Rose was a tennant in the house, she has certain rights and Dawn cannot simply throw her out on the street. Even if Dawn was not an official tennant, she should still have been given more time to collect her belongings before being told to leave.
3. This is the type of situation best handled by an attorney. If you require further assistance, feel free to contact our office.
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.
