Jackson, MI asked in Probate for Michigan

Q: Can I rent out a house going through probate court in Michigan

My uncle passed away and I plan on buying the house once it is finished going through probate. Is it legal for me to live in it and pay rent until I officially buy the house after probate it done

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

A: The plan you propose could be done. But you should enter a written lease with the personal representative of the estate so you can live there. During probate, you could attempt to obtain a mortgage loan so you can buy the house from your uncle's estate, or you could enter a land contract to buy. You could also wait until probate is done and do the same, with whoever legally inherits the property as heirs of an intestate estate, or devises under a will. If you are the personal representative of the estate, you should be careful since you have responsibilities to the other persons who may have rights to inherit too. You need to avoid self-dealing and conflicts of interest if you are the personal rep. If this all sounds like Greek to you, it'd be best for you to talk to a lawyer.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on 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.