Novi, MI asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Michigan

Q: My mother passed away with no will. As her daughter, am I now responsible for her mobile home?

It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've never signed anything nor seen one. I have continued to pay after threatening phone calls because my mother's belongings were there. I cleaned it out in May and have not paid since. Am I responsible for this trailer with no title?

1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became obligated to continue paying. You may wish to have an attorney help you remove the small claims case to district court, so the attorney can help you present a defense.

As always, you get what you pay for. Be sure to talk to an attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such as this one.

Kenneth V Zichi agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.