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settling an estate- no will

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L

lassew

Guest
i need help in this matter! my mother in law passed away 2 years ago. all five of her children are on the deed to the house. one son has been residing in the home and despite repeated attempts to get him to buy them out he is being very bullheaded and refuses to communicate with the others except to show off his numerous new toys. there has been no offer to pay rent though he grudgingly pays the taxes. we live in mid-michigan. is there any way to resolve this matter before they resort to violence? las
 


L

lassew

Guest
as all involved are listed on the deed to the house and there were no other assets, probate did not seem to be an option. the parents did the deed this way to avoid probate.
 

HomeGuru

Senior Member
Just listing names on a deed is not enough to avoid probate. Titleholders must all hold title via joint tenancy.
In your case, if title was held by way of joint tenancy then you are correct. If not, then the property must be subject to probate. I do not believe that there were no other assets such as checking/savings account, furniture, jewelry, dishes/silverware etc.

If you are correct as to the JT, then settlement of the property dispute would be via suit for partition of property.
Filing litigation would allow the Court to set market rental value for the property, collect rent payment from the occupant and order the sale of the property in a timely manner if there is no settlement reached between the parties.
 
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L

lassew

Guest
the checking-saving accounts were exhausted due to medical care (nursing home- special care) as to the others, all is still in the home in question still but no one has any idea if little brother has sold things or not no one is welcome in the house.
 

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