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What are my rights to the family home

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LadyOberon

Junior Member
What is the name of your state (only U.S. law)? MI

My father passed away leaving a holographic will that states the house and all its contents go to my mother. In the case of her death everything will be willed to me and my siblings. It also states he wishes the house to remain in possession of the family in case any of us kids need a place to go. The dilemma my mother moved out of the house 18 months ago, leaving my children and myself residing in it. We had no written or verbal agreement about how long we were allowed to live there or what bills we were responsible for. We took it upon ourselves to pay the utilities and property taxes and did some home improvements. She has filed to have us evicted and get repossession of said property, so she can sell it.
What can we do? The ten of us will be homeless if we get put out.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? MI

My father passed away leaving a holographic will that states the house and all its contents go to my mother. In the case of her death everything will be willed to me and my siblings. It also states he wishes the house to remain in possession of the family in case any of us kids need a place to go. The dilemma my mother moved out of the house 18 months ago, leaving my children and myself residing in it. We had no written or verbal agreement about how long we were allowed to live there or what bills we were responsible for. We took it upon ourselves to pay the utilities and property taxes and did some home improvements. She has filed to have us evicted and get repossession of said property, so she can sell it.
What can we do? The ten of us will be homeless if we get put out.
The house belongs to your mother. She can do what she wants with it. Including sell it. You need to find a new place to live.
 

Eekamouse

Senior Member
The house belongs to your mother. She can do what she wants with it. Including sell it. You need to find a new place to live.
You should have been paying her rent for living there. Did you even offer to? Why should she carry you? She told you she wanted you out, didn't she? She didn't just one day out of nowhere file for eviction. She probably made it clear before doing that that she wanted you to move out of her house and you didn't. I don't blame her for evicting you.
 
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justalayman

Senior Member
While I am not disagreeing with what the others have said (you need to pay your own way in life), has Your fathers estate been through probate where, among other things, the will will be reviewed and validated if possible or rejected if not?
 

adjusterjack

Senior Member
She has filed to have us evicted
What does that mean? Were you served court papers? Something else?

We took it upon ourselves to pay the utilities and property taxes and did some home improvements.
That's "rent" and makes you tenants.

As such, MI landlord tenant law requires you be given one month termination notice.

See 554.134 Sec 34 (1) at:

http://www.legislature.mi.gov/(S(3x5bsf40zmijh2v2icmmov1l))/mileg.aspx?page=getObject&objectName=mcl-554-134

Could buy you some time if she didn't get that right.

Unfortunately, beyond that, you have no rights to the place and will, eventually, be put out so start looking now. Things can go very badly for you if you wait until the last minute.

An eviction through the courts can lead to being forced out by a sheriff. Then it goes on your credit report and makes it more difficult to qualify for another rental.
 

LadyOberon

Junior Member
While I am not disagreeing with what the others have said (you need to pay your own way in life), has Your fathers estate been through probate where, among other things, the will will be reviewed and validated if possible or rejected if not?
To clarify first and foremost, my parents asked me to move home to help take care of my bedridden father. My mother has pitedema and can barely walk,which hindered her caring for him. Secondly, I had and do have an income, which was used to pay all the household expenses and buy food. Despite everyone's judgement, I didn't depend on my parents to support my kids and myself.

As for the will...nobody knew about it. I found it while cleaning out my dad's office, which my mother asked me to do. I told her about the will and she called me a liar and said that there wasn't one. I was unaware at that time that she had already met with the court over possession of the house, as she was never added to the deed.

I do appreciate everyone's feedback. Thank you!
 

Zigner

Senior Member, Non-Attorney
To clarify first and foremost, my parents asked me to move home to help take care of my bedridden father. My mother has pitedema and can barely walk,which hindered her caring for him. Secondly, I had and do have an income, which was used to pay all the household expenses and buy food. Despite everyone's judgement, I didn't depend on my parents to support my kids and myself.

As for the will...nobody knew about it. I found it while cleaning out my dad's office, which my mother asked me to do. I told her about the will and she called me a liar and said that there wasn't one. I was unaware at that time that she had already met with the court over possession of the house, as she was never added to the deed.

I do appreciate everyone's feedback. Thank you!
The will actually puts you in a WORSE position.
 

adjusterjack

Senior Member
I had and do have an income. I didn't depend on my parents to support my kids and myself.
Then what was that business about being homeless about? Hype to elicit sympathy so we would agree that you were being wronged?

As for the will...nobody knew about it. I found it while cleaning out my dad's office, which my mother asked me to do. I told her about the will and she called me a liar and said that there wasn't one. I was unaware at that time that she had already met with the court over possession of the house, as she was never added to the deed.
You should have kept your mouth shut about the will.

Without a will (under MI's intestacy law) the spouse inherits the first $150,000 of the intestate property plus 1/2 of the balance.

If your father's estate (not just the house) was worth over $150,000 you would have had claim to part of it.

The will leaves the house to your mother, likely everything else as well but, unfortunately, your father's desire that the house be willed to the children when your mother dies is not enforceable.
 

Dandy Don

Senior Member
So sorry that you are being evicted. If your city is large enough to have a public housing agency (such as HUD), please apply for an apartment or housing with them.
 

Eekamouse

Senior Member
To clarify first and foremost, my parents asked me to move home to help take care of my bedridden father. My mother has pitedema and can barely walk,which hindered her caring for him. Secondly, I had and do have an income, which was used to pay all the household expenses and buy food. Despite everyone's judgement, I didn't depend on my parents to support my kids and myself.

As for the will...nobody knew about it. I found it while cleaning out my dad's office, which my mother asked me to do. I told her about the will and she called me a liar and said that there wasn't one. I was unaware at that time that she had already met with the court over possession of the house, as she was never added to the deed.

I do appreciate everyone's feedback. Thank you!
Your mother also asked you to move out of the house and you haven't so that's why she is evicting you. Were you paying rent to your mother? Are the utilities in your name? Why did your mother move out of the house?
 

LadyOberon

Junior Member
Your mother also asked you to move out of the house and you haven't so that's why she is evicting you. Were you paying rent to your mother? Are the utilities in your name? Why did your mother move out of the house?
No offense...where does it say in my statement that I was asked to move out? The only time moving out was even suggested to me, was when I received the vacate property papers a couple of days ago.
She wouldn't take money when it was offered to her as rent, and refused when I asked if I could buy the house from her.
Half of the utilities are in my name. The other half are in my father's name.
My mother claimed she was moving out, because she needed a living space with an open floor plan, where everything was on one level (no stairs).
I can understand her wanting the house back and the reason for her wanting it back. I was just taken by surprise by the abruptness and the fact that she never discussed me moving out with me.

I'm not the cold, heartless, greedy, selfish person everyone is assuming that I am.
 

Eekamouse

Senior Member
No offense...where does it say in my statement that I was asked to move out? The only time moving out was even suggested to me, was when I received the vacate property papers a couple of days ago.
She wouldn't take money when it was offered to her as rent, and refused when I asked if I could buy the house from her.
Half of the utilities are in my name. The other half are in my father's name.
My mother claimed she was moving out, because she needed a living space with an open floor plan, where everything was on one level (no stairs).
I can understand her wanting the house back and the reason for her wanting it back. I was just taken by surprise by the abruptness and the fact that she never discussed me moving out with me.

I'm not the cold, heartless, greedy, selfish person everyone is assuming that I am.
It doesn't appear that you and she are on very good terms if she didn't discuss this with you before resorting to filing for an eviction.
 

curb

Junior Member
The problem for you is that it is mother's house and she can sell it if she wants. End of story.
 

Zigner

Senior Member, Non-Attorney
Did you receive court paperwork for an eviction, or did you receive a notice to vacate? They are NOT the same thing.
 

LadyOberon

Junior Member
It doesn't appear that you and she are on very good terms if she didn't discuss this with you before resorting to filing for an eviction.
Our relationship didnt become tumultuous until three days before she left. In all honesty I've been heartsick since my mother left.
 

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