Asked in Real Estate Law for Michigan

Q: Can I legally rent my grandmother's estate if it is in probate

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: Yes -- but there needs to be a personal representative appointed who can act for the estate to enter into the lease if that hasn't been done already.

PLEASE don't try to figure this out without the guidance of a local probate / landlord-tenant attorney to insure the lease is proper and things are handled appropriately! This is not something that is 'easy' even though it can be pretty straightforward. There are lots of i's to dot and t's to cross and it is far too easy to miss something if you're unfamiliar with the process.

-- 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

David Soble agrees with this answer

David Soble
PREMIUM
David Soble
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: You personally cannot legally rent the home during the probate, however, if the estate owns the home and if you are the appointed personal representative of the estate, then if the Letter of Authority from the probate court gives you the power, then you may do so.

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