Lexington, MI asked in Probate for Michigan

Q: Can someone live in the house of a person who passed away before will goes to probate?

My dad left his house to my sister and i, but gave his girlfriend (who has her own apartment) life estate rights to the house as long as she pays for all taxes, insurance, utilities and must keep up on maintenance. If she doesn't, she loses life estate. The will hasn't even gone to probate yet and she already moved herself and her children into the house. She is refusing us entry and access to anything of my dad's. Is anyone even allowed to be there before the will has gone to probate? Can she even legally stay there yet? What are mine and my sister's rights? The girlfriend is insisting the property is hers even though the will says the property belongs to my sister and i. Can we have the house locked up until probate is settled?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Probate Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: This is a more complex situation that your should definitely consult a probate attorney about. If the deed granting the girlfriend a life estate is recorded, that would control her interest in the property subject to its terms regardless of what the will says. And so, yes, she may live there now and for the remainder of her life. Quite likely, if she loses that life estate, then the property would revert to you and your sister. The personal property in the house is a different problem, and for that, you may be in for some litigation, unfortunately. But once appointed the personal representative, you would have the right to take stock of your father's property, whereever that might be. Of course, the counter argument will be what's "her's, his, and our's".

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