Estate, wills, eviction
My brother lived w/ mom for 30 years free/ clear & and continues to reside in mom's home,
though he is paying the utilities. However, for the last year mom was under a Court appt Conservatorship. This person managed the home to have the House Insurance paid up for a year & 6 months of heat & water credited. The home has had an appraisal & he says
he wants to buy the home, but I have not seen any purchase offer. He has hindered my
ability to sell the home (family conflicts). Legally how many months do I need to give him before booting him out? It has been 6 months since mom died.
When distribution of mom's Estate has closed, can I deduct rent? The Will states the
house is to be sold,.
5 attorney answers
Evictions: how long a typical eviction matter last. Usually, an eviction for non-payment of rent can be completed in about a month. If the tenant appears and disputes the rent due and owing or raises factual defenses, the time period can exceed several months, but the landlord has the ability of seeking a rent escrow order from the Court. The following is a list of events that occur in a typical eviction action:
Notice to Quit (7 day non-payment of rent) - 7days - must state amount due
Notice to Terminate (30 day) – must explain reason for termination
Complete proof of service of mailing of notice via personal service or first class mail
File Complaint with attached lease agreement, notice to quit, proof of service
Serve Complaint (personal service required for money judgment)
Initial Trial/Hearing Date (usually within 10-21 days of filing Complaint)
Entry of Consent Judgment/Default Judgment or new contested hearing date
Writ of Eviction (10th day after Judgment by Court rule if rent not paid)
Court officer serves Eviction
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I agree with Mr. Frederick. Based on what you said in your question, I see little reason why you should not act immediately. I think he is also correct that your best course of action is to consult with a probate lawyer. The lawyer can help you with all the issues in the estate and help you wrap up the estate. A lawyer can frequently make useful shelter for unpopular actions you may have to take. (The lawyer made me do it!)
Good luck to you.
If I can be of assistance, my office number is (810) 664-1388
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
My colleague has provided excellent advice. You should consult with a local probate attorney for guidance and assistance. If you are within the geographic area of Mr. Frederick, he would be a top-notch resource. Good luck.
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Tough questions and issues. Yes, as personal representative, you would have the legal right to evict your brother. If he is potentially going to buy the property, however, you would probably be better off to encourage him to do so. That would likely save time and money. This is really not a great time to be selling property in Michigan.
You should be proactive, in terms of handling this. Since there was an appraisal, you can make the offer to HIM. There is no reason you need to wait for HIM to make an offer.
I would suggest that you make the issue of rent part of the negotiation regarding sale of the property. Because of the "family conflicts" and the potential for liability, (and because of the fact that it is an administrative expense that comes off the top of the estate), I would strongly suggest that you retain an attorney to advise you regarding these matters.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!