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

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1 Lawyer Answer

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

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