QUESTION

About a will

Asked on Sep 15th, 2021 on Wills and Probate - Michigan
More details to this question:
My grandma passed away the 8th of September of this year, and she has a will that she wrote out for all her belongings a long time ago with her lawyer, are her children aloud to take stuff out of her house before the reading of her will? Is anyone aloud to live in her house after she past even though they lived with her for years?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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The passing of a loved one tends to bring out the best and worst in people.   With regard to any property removed from the house, if it's ownership is specified in the Will, that is who is supposed to get it. Anyone taking anything out must account for what they took to the other heirs. As for the house, once she passed, if she gave it to everyone equally, the heirs not living in the house are entitled to be paid rent or, if there is a mortgage on the house, those living in it must pay the others' percentage of the mortgage (as well as their own). Example, if there are 3 heirs and one lives in the house, the person living in the house must pay the 2/3 of the fair market rent of the home to the other heirs. Since, family is involved, often a month or so of free rent is often ignored but at some point, the person(s) in the house have to pay their fair share per the instructions of the Will for handling the estate. I hope this helps.
Answered on Sep 17th, 2021 at 9:37 AM

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