Q: My mother passed away on 3/25/17 without a will. Her heirs are her 2nd husband, myself, my brother, & my 3 children.
My children, my husband & I lived with my mother & step dad for 4 yrs so I could take care of her. While we lived there, my mother gave me full control of her finances by adding me to her checking account & had me manage all the bills, money, & food for the 6 of us (step dad not included) for 3 of the years we lived with her. I found out today that my step dad has filed a petition for a years support to get the property deed to sell the property and I only have till the 5th to do something about it. My family was evicted from the home by my step dad after my mother passed and we are currently living with my father in his living room & spare room. Is there anything I can do to stop my step dad from getting the property. I have a family friend willing to help buy the property but since we were displaced by the eviction, I cant afford an attorney. My mother would not want my step dad to have or get anything especially since she wanted a divorce. Is there anything I can do?
A:
Let me edit your question in one regard: "I cant afford an attorney" -- no you can't afford to NOT have an attorney. There are things you may be able to do, but without exploring the facts more fully it is impossible to say. The ONLY way to know is to get an attorney, preferably when your step-father filed the probate paperwork but apparently that ship has sailed.
ASAP -- as in YESTERDAY -- you should hire an attorney to review the situation and provide you advice. DO NOT DELAY. You may well have waited too long already if you've been evicted.
I know this isn't the answer you want, but please listen: there are many ways this can proceed, and without a full and complete analysis it is impossible to suggest which would be the best way for you! Hire a local attorney TODAY.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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