Adopted Brother in Michigan

[TechRescue]

Michigan: I am the adopted brother of Laura who recently passed. I am the one who inherits her possessions. The step father never knew about me until recently his lawyer gave him the bad news. He refuses to give the keys up. Can I legally before probate go and change the locks and move everything to a storage unit?

 

[adjusterjack]

"Legally" you have no authority to do anything until you get your court papers acknowledging that you are the representative of the estate.

As a practical matter, get your butt over there and do what you have to do to protect the place and it's contents. Take her will with you just in case somebody calls the cops.

Work on forgiveness later.

And get your court papers ASAP.

 

[TechRescue]

My thoughts exactly. The police department said just to let them know i am coming and the plan and they won't stop it.

 

[Zigner]

Michigan: I am the adopted brother of Laura who recently passed. I am the one who inherits her possessions. The step father never knew about me until recently his lawyer gave him the bad news. He refuses to give the keys up. Can I legally before probate go and change the locks and move everything to a storage unit?

Nope - you have no authority to do so. Open probate and go from there.

 

[Zigner]

"Legally" you have no authority to do anything until you get your court papers acknowledging that you are the representative of the estate.

As a practical matter, get your butt over there and do what you have to do to protect the place and it's contents. Take her will with you just in case somebody calls the cops.

Work on forgiveness later.

And get your court papers ASAP.

I understand where you are coming from, but your post is suggesting that the OP has some authority to lock the resident (i.e., tenant) out of the house. He has no such authority, and doing so may, in fact, be a crime.

 

[TechRescue]

No one is currently living in the house. So this guy has the keys and can take anything he wants and the only person who knows what was there is my dead sister.

 

[Zigner]

No one is currently living in the house. So this guy has the keys and can take anything he wants and the only person who knows what was there is my dead sister.

It is wise to include relevant details when you post...

Why does the guy have keys? Do YOU have keys?
On the surface, it seems that you may be ok with changing the locks, but I'm not comfortable with suggesting that at this point. Why? Because the guy may very well have permission to enter the house (as evidenced by his possession of the keys).

Where is your sister's mom and dad?

Did your sister leave a will naming you as the sole beneficiary?

You want to get to court on this ASAP to protect your interests. You should probably speak to an attorney.

 

[TechRescue]

My sister's mom passed last year. They were never told about me being adopted. Jim the guy Laura's mom married was told i was a "foster" child that was sent back. His lawyer presented him the adoption order today. Now he knows i am the heir. and he is kinda salty about it. I understand his point of view. He thinks he is going to retire from the sale of the house. Just to be lied to for 25 years by his wife, and then i swoop in a take it all.

 

[Zigner]

My sister's mom passed last year. They were never told about me being adopted. Jim the guy Laura's mom married was told i was a "foster" child that was sent back. His lawyer presented him the adoption order today. Now he knows i am the heir. and he is kinda salty about it. I understand his point of view. He thinks he is going to retire from the sale of the house. Just to be lied to for 25 years by his wife, and then i swoop in a take it all.

Where
Is
Laura's
Dad?

Also, is there a will?

 

[TechRescue]

Laura passed with no will by brain aneurysm there was no will and everybody but me is dead in the immediate family

 

[Zigner]

Based on what you have now told us, it would seem that you are good to go and change the locks, etc. I would still suggest that you speak with an attorney. Also, in order to actually own any real estate and the other stuff, you will likely need to go through probate.

 

[TechRescue]

ya, that is my plan. I just want to make sure the stuff in the house doesn't come up missing. Thanks for all the great advice.

 

[Zigner]

ya, that is my plan. I just want to make sure the stuff in the house doesn't come up missing. Thanks for all the great advice.

You're welcome - best of luck to you.

 

[HRZ]

In theory the executor once property appointed has the power /duty to safeguard the estate assets . In practice it may be prudent to protect stuff asap and beg forgiveness as posted by others. IF you are to be the executor..get properly appointed asap. By the intestate steps in your example.

Who owns the home where stuff is ?

 

[not2cleverRed]

In theory the executor once property appointed has the power /duty to safeguard the estate assets . In practice it may be prudent to protect stuff asap and beg forgiveness as posted by others. IF you are to be the executor..get properly appointed asap. By the intestate steps in your example.

Who owns the home where stuff is ?

The issue is that OP's sister owned a house AND its contents. The sister died suddenly, no spouse, no children, no parents, and the only sibling is OP (adopted). And no will.

The stepdad inherits nothing without a will, but was going to appropriate the whole kit and caboodle in the absence of any heirs interfering. The stepdad has a key to the house for probably the same reason that I have a key to my parents' house.