Q: If a sibling takes a paid off inherited home, not specifically willed, should she have to compensate siblings?
I rent, partly because I can't live with her and moved out due to her verbal abuse. The plan of my other siblings was I'd eventually live with her somewhere else to be paid off when the house is sold, as I'm not in a great financial situation. I've been paying rent over a few years and had to buy everything, while the house she's in was furnished, rent-free. Also, being in Flint, MI, the house is probably plummeting in value. There was probate, but I wasn't told if the house was involved. Could I legally force her to pay "back rent" or some other means of reimbursing my 1/3 portion of the house as sibling?
A:
"There was probate, but I wasn't told if the house was involved."
The answer to this will tell you what you're looking at. Several things may be happening:
-your parent deeded the house to your sister before death, had your sister on the deed as a joint tenant, or did a "lady bird" deed to your sister. If either of those situations are true, then your sister owns the house with no obligation to you or any other sibling. You can check online property records of the county the house is in to quickly see who owns the house now.
-the house is still in your parents' name and whomever did the probate kept it as such. In that case, you could petition to reopen probate to figure everything out.
In either case, I'm not sure if what your other siblings had planned as to you and your sister's living arrangements creates an obligation for your sister to you.
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A: Generally, it is is not difficult to find out if a home is included in the assets of one's probate estate. If the house was part of the estate (left in the will) then the personal representative may have the authority to collect rent while a related person is living in the home during the probate process. However, the will would need to be reviewed to determine what the decedent wanted for all of the parties who are related to the home. If the home is being sold through the estate, then any financial advances made by any party as they relate to the home maintenance (taxes, insurance, repair) may be reimbursed from the sale proceeds. So more info would be needed to address your question. See www.ProvenResource.com/probate for more information.
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