Grand Blanc, MI asked in Estate Planning and Probate for Michigan

Q: How long can my children and I continue To live my grandmothers home when no will or trust was filed?

My kids and I moved in with my grandmother 4 years ago so she could stay at home instead of a nursing home. We split expenses I was her 24/7 caregiver and companion. Grandma told our family she wanted me to have the house But she passed but died before she could make a will.

its only been a few days but I am worried . I know I have to get it probated & petition to be named the executor. No one else in my family has any objections. the house payment(home credit line) is paid all upto date. also the SUV I drive is in her name. (she was unable to drive last 2 years) Not sure how long I have with that. I am on the car insurance policy btw. I need some guidance please

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If none of your grandma's heirs at law complain, you are not at any immediate risk of being ejected. Her heirs at law are most likely her living children plus the children of any deceased children, so unless your parent that was your grandma's child is deceased, you are not an heir at law.

Just letting things lie is not a good strategy. Eventually you are going to want to sell or refinance the house and/or the car and you will not be able to without title in your name. Your grandma's estate needs to be probated. In order to get title in your name, all of her heirs at law would need to disclaim their inheritance, leaving only you. Or they can accept their inheritances and then all of them would need to transfer title to you. Disclaimer is most likely the better option.

Make an appointment with a local probate attorney today.

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