Q: Can a devisee be removed from the Will due to a physical altercation with an heir and vandalizing the home?
My dad left his home to three heirs and a devisee (I'm a heir/personal representative of the estate). One heir and the devisee got into a fight and the police had to be called. The police had the devisee leave the home. The next day, the devisee and her mother returned to the home and broke in, stealing some of the heirs personal property and vandalized the home. After all this and them not maintaining the property or keeping up with paying the bills, I decided it would be best to sale the property. I ended up changing the locks (I served her with eviction papers) so she couldn't come back and do anymore harm to the heir that resided there. The heir that stayed ended up moving out , so I got the house ready to sale. Then, someone broke into and took some personal items, such as, 2 large photographs of our mother and some other things that a typical robber would not take (I made a police report and waiting on the detective to call me).
A:
The detail is not relevant to the question, and no, because there was an altercation you can't change the terms of the will. You MAY be able to make a claim against the heir, and attach a portion of the inheritance to pay for that claim, but you need to do that properly and the BEST way to insure that happens is to consult with a local estate / probate attorney to be sure you, as Personal Representative, have legal representation, follow the rules, and don't get yourself into a bigger pickle by trying to do something that isn't proper.
Honest, don't try to be penny wise and pound foolish here -- a good attorney can save you money and make things go a lot smoother. If you don't already have one, please get an attorney to help you probate the estate. If you do, please do YOURSELF a favor and discuss this with your attorney!
-- 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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