QUESTION
Can the survivor of an estate pursue eviction of a tenant residing in the estate property, for non payment of rent; without the assistance of the exec
Asked on May 10th, 2017 on Family Law - Michigan
More details to this question:
My nephew resides in my deceased fathers home which I am a beneficiary of. He has a month to month tenancy and has not paid rent for the past 8 months. The executor, my brother; is too busy to come from out of state to handle
1 ANSWER
Administrative Law Attorney serving Ann Arbor, MI
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David J. Hutchinson
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You should get a deed of the property from your brother (have your lawyer prepare and send it to him or ask his lawyer to prepare it, if he has one), and, once that is done, the Probate Court is no longer involved, and you can bring an eviction action in District Court after following the proper procedures there. Good Luck. IF your brother refuses, file a motion in Probate Court asking for the deed.
Answered on May 11th, 2017 at 6:40 AM