Family and Legal Help

[photowitch]

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

I am in desperate need of some help or suggestions. I was the power of attorney and am now the personal representative for her estate which was spelled out in her will. She passed away a year ago in Sept and my sister and I have been at each others throats since before then. It all started when I moved my mom out of her house and into an assisted living (which at that time was a mutual agreement between my sister and I, since she didn't want to take care of her). Just before we made that decission I suggested that we have someone move into the house and take care of her personal belongings and the yard. My mom was a pack rat and has all kinds of old junk in the house still. So rather than leave it empty and have to take care of the taxes and stuff I suggested that HER son and girlfriend at the time move in there. Well that snowballed in a hurry and went like wild fire as soon as we were moving out. I wanted to come back and pack up stuff out of cupboards and they said that they would take care of it. That never happened. The few times that I have been there it depresses me so bad. They took it appon them selves to cut out and destroy the lilac bushes that were on the side yard for more than 30 years. I would have wanted some shoots from them. Plus there is a lot of stuff still in the cupboards just co mingled in with thier stuff. Now. I have three kids of my own and she has a daughter as well. Now the agreement was that they pay the taxes and homeowners insurance to stay there. And of course all the untilities and such that comes along with anyplace they would live. Now, I find that the 2009 taxes that were due in September are still not paid. and they are 6 months behind in the trash and sewer bill to the city for a past due of $221.00. The agreement, because I didn't want to kick them out too quickly after getting settled in there, was that they had 2 years and at that time would either buy or start paying rent. They have already talked me into letting things go until after the first of the year. So here goes another 2 months. When I calculate what the taxes were last year and this year plus the insurance they have only had to pay an average of $342 a month for living there. Now it is a very nice neighborhood which use to be when we moved there 40 years ago THE PLACE TO BE. Of course the market has gone down everywhere but this house is valued at over $125,000. I want to know what I can do as the personal representative. Can I kick them out and let one of my own kids move in there and save a few buck like they have been able to do? It only seems fair. Yet my sister is worried why I havn't paid her 1/2 of the value of the car that I am driving. It is a 2001 cadilac which was almost totalled just a few short months before my mom took ill. It was repaird with after market fender and has some rust on it. She is expecting way to much for the value. Plus I am telling her that we still have a house and 1/2 ownership in a family cabin. Why can she not wait until money comes out of those properties. Well she is getting so greedy. I mentioned having one of my kids move in there and she says that "Well I would never agree to that". I want to know what my rights are. Can I make them move out?

Signed
desperate personal representative

 

[anteater]

Was probate opened and were you appointed by the court as the personal rep?

I have a suggestion for you that you probably won't like: resign the appointment (or decline to serve if you have not already been appointed) and request that the court appoint a third party to administer the estate.

 

[photowitch]

Yes probate has been opened for a year now. Who would the court appoint in that situation, another family member? Or someone outside. And wouldn't that cost more money to do that? I would assume they would appoint an attorney? Maybe not I don't know. I filled out the paperwork and filed it myself. Have been taking care of all the bills and things that goes along with. I am getting tired of it. Thanks for the suggestion. I am not sure yet.

 

[anteater]

If another family member petitioned the court to be successor personal rep, the court would certainly consider that. In the circumstances, it might be better to have a third party. And, yes, it may well be an attorney and the attorney will expect to be compensated.

Let me put it bluntly. You say that probate has been open for a year. Yet, it appears that very little has been done. There seem to be two pieces of real estate and neither has been sold or distributed to the beneficiaries. You are driving a car that apparently is still in your mother's name. And you have yourself involved in a nebulous "rental" arrangement with a nephew on behalf of the estate. And now you want to kick him out and enter into a similar arrangement with one of your kids?

I don't know exact procedures for Michigan probate, but eventually the court is going to ask why probate is still open. And if the court does not get a satisfactory answer, it is going to replace you anyway.

 

[photowitch]

I don't want to kick anybody out. I just want them to keep up the agreement that was made to pay the taxes and home owners insurance. Ultimately they want to buy it and that needs to either happen or more RENT paid. The car I am driving is in my name. I switched that over last year when the plates were due. I do owe her for half of the value of the car we just can't come to an agreement of what the value is. I have taken it to 4 different car dealers and asked what would it sell in retail. I don't want what they would give me as a trade but what would the car sell for. She went online to Kelly Blue Book and got a value of double the price that I have. I am not going to give her half of $12,000 for a car that is 8 years old. Was almost totalled a few months prior to my mom never driving again. It was actually in two different incidents and are listed on car fax. Anyway, I just want to know what exactly my rights are. I feel that she is all about taking advantage of the house situation. But when I mention rent things start all over again.

 

[anteater]

Anyway, I just want to know what exactly my rights are.

Since the only question you have asked is, "Can I kick them out...", then the answer is yes. You can begin eviction proceedings. I suggest that you consult with an attorney experienced in Michigan landlord-tenant law. It would be helpful if the attorney were also experienced in probate law since you will likely be touching off a knock down/drag out war.