QUESTION
Can I legally move into the house now or do I have to wait?
Asked on Nov 30th, 2012 on Estate Planning - Michigan
More details to this question:
In the will, I get everything. My aunt is executor.
My grandma died and left me everything. I’m 18 but don’t get it until I’m 25.
17 ANSWERS
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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You need to wait until the estate is probated.
Answered on Dec 04th, 2012 at 2:27 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You have to wait for the court's order and see what it says.
Answered on Dec 03rd, 2012 at 5:46 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the service of a probate lawyer to file a petition to accelerate the gift to you as to possession; as to the title, the property does not transfer to you, until the age condition is met in the will, even though you are the sole heir of the estate of your grandmother. If you are not allowed to take possession while the court proceeding is moving forward, then the lawyer can demand rent from whoever is occupying the premises so as to preserve the estate until both legal and physical possession has transferred to you.
Answered on Dec 03rd, 2012 at 3:02 PM
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It depends upon the term sin the Will. Thus it is important to review the Will. Do you get an income interest in all of the assets before you re 25? If not then, probably not, unless your aunt agrees and has authority to agree.
Answered on Dec 03rd, 2012 at 2:18 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Without seeing the will, it is impossible to answer for sure. However, from what you say, you don't get the house until age 25. If your aunt, the executor, says you can move in, then you probably can. But don't pressure her to do so.
Answered on Dec 03rd, 2012 at 1:25 PM
Without more specifics, all that can be said is that you have an inheritance which is likely being held in trust , pending your 25th birthday. The property is still held by the estate in trust. To work out the details of whether you can access the assets for you benefit, if not the title, you should definitely consult with an attorney.
Answered on Dec 03rd, 2012 at 1:25 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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That would appear to be up to your aunt. She is in charge of managing the estate until you can receive it. I do not know that withholding use of the house would have mattered to your grandmother. If it were money, the answer would be clearer. If your aunt says no, I think that legally is within her rights and powers.
Answered on Dec 03rd, 2012 at 12:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you speak with your aunt, and also with an attorney. It may be possible for you to move into the house and occupy it regardless of the fact you do not have full or unencumbered title until after you are 25.
Answered on Dec 03rd, 2012 at 12:44 PM
Without more information, it is difficult to answer. Assuming the will has been probated, it sounds like there was a trust set up for you until you are 25. Work with the Executor / Trustee to determine your rights.
Answered on Dec 03rd, 2012 at 12:44 PM
There are many things that can happen to a person's estate. After your grandma dies, any one who claims to be owed money must be dealt with first. There may be medical bills or other bills. You only inherit the house IF ALL THE BILLS ARE PAID first and the house is still free and clear. Then you need to prepare and record a deed. You also need to talk to an insurance agent about some house insurance. You need the utilities changed over to your name and you need to check with the city to make sure the taxes have been paid. In fact, you may want to pay for a title search, just to make sure that there are no liens on the house. You will need a steady form of income to stay in the house. I am sure that your grandma wanted this to be a great opportunity for you to start your own life. If you allow the house to be sold at tax sale or to be damaged by fire or other uninsured catastrophy, you will have lost everything your grandma wanted for you. If you do not "get" the house until you are 25, and you are 18 now.. then you do not own the house. You cannot make the decisions. On the other hand the "owner" (that is, your aunt), may let you occupy the house before you own it but only if you convince her it is a good idea for example, you should pay rent and all the utilities and do all the maintenence on the house.
Answered on Dec 03rd, 2012 at 12:40 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Under Missouri law title to the house passes directly to you. It is a good idea to get the OK from your aunt, the executor. Completing the paper work to transfer title on the record takes awhile but there really shouldn't be any reason you can't more in.
Answered on Dec 03rd, 2012 at 12:38 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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It sounds as if the will creates a trust for you. So it depends upon the terms of the trust.
Answered on Dec 03rd, 2012 at 12:37 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You have to wait until you receive permission from your aunt. As executor, she manages the assets of your grandmother's estate. Your rights as the future recipient of the house do not entitle you to live there now, without your aunt's permission.
Answered on Dec 03rd, 2012 at 12:36 PM
It will depend upon the terms of the will. Given your relatively young age, your inheritance may be placed in a trust and an administrator assigned to manage it for you.
Answered on Dec 03rd, 2012 at 12:36 PM
Since you don't get the house until you are 25, I hope the will discusses who can live in the house now.? Is there a testamentary trust? ?
Answered on Dec 03rd, 2012 at 12:36 PM
If the will does not otherwise direct what your aunt is supposed to do with the house for the next 7 years, there appears to be no reason why she could not either sell it with permission of the probate and invest the proceeds, rent it to you or allow you to take occupancy.
Answered on Dec 03rd, 2012 at 12:35 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Legally, your aunt has the power to make decisions concerning assets of the estate you have inherited, subject to the administration of the estate. Your aunt could decide to sell the home and distribute cash to you. The best thing to do is to talk to your aunt and discuss the inheritance and how best to make it work for you. She should be providing you accounts of the estate; have a lawyer, or at least an accountant go over the accounts and make sure that everything looks ok.
Answered on Dec 03rd, 2012 at 12:35 PM