Can You Live in a House During Probate in Michigan?
Has a loved one recently passed away, leaving their home unoccupied? If so, you might be thinking about moving in—but before you do, you should understand how Michigan’s probate process works. Depending on the circumstances, living in the house before probate is complete could lead to serious legal and financial repercussions.
Who Has the Legal Right to Possess Property During Probate?
Under Michigan probate law, the personal representative appointed by the court to manage the estate administration process gains the authority to possess the decedent’s estate property. Although a decedent’s will may leave their home to beneficiaries, the beneficiaries do not become owners of the property until the personal representative distributes the inheritance, usually after paying taxes, debts, and estate administration expenses. The personal representative can possess the decedent’s estate assets, such as the decedent’s home, to maintain the property and, if necessary, sell it to pay the estate’s liabilities or carry out the directives in the decedent’s will.
Can You Live in a House During Probate?
There are several circumstances under which you can live in a house during the probate process, including:
- You resided in the house before the decedent’s death, such as if you are their surviving spouse continuing to live at the property.
- You have an ownership interest in the property, such as in a tenancy in common or joint tenancy.
- You have been given permission to do so by the decedent’s personal representative.
However, other factors may affect your right to move into or live in a decedent’s home during probate, including whether heirs or beneficiaries who are entitled to inherit the home object or if the estate must sell the property to pay debts and taxes.
Responsibilities of an Occupant
An individual who occupies a decedent’s home during probate should follow several best practices to avoid unanticipated legal trouble or liability, including maintaining the property and keeping it secure. Damaging the property or allowing its condition to deteriorate may expose an occupant to liability to the estate or to the heirs or beneficiaries who inherit the house.
The estate typically bears responsibility for paying property taxes and utilities on real estate until the personal representative distributes the property to heirs or beneficiaries. The estate can also require an occupant to pay rent or cover monthly expenses to preserve the property’s value.
Potential Risks of Living in a Decedent’s Home During Probate
Some of the risks that you may face if you choose to move into a decedent’s home during probate include:
- Liability for property damage or wear and tear caused by a lack of maintenance
- Family conflicts caused by living in the property without paying rent or contributing to the monthly expenses
- Delaying the estate administration process if the estate needs to sell the property, as occupancy can complicate showing or closing on a sale
- Potential eviction if you move into the property without the personal representative’s permission
Before you move into your loved one’s house, it’s a good idea to consult with our experienced Michigan probate attorneys at Bingham Legal Group PC. We can advise you on your particular risks and rights under the law, protecting you from adverse consequences.
Contact Our Probate Attorneys in the Tri-Counties Today
Surviving family members can live in a deceased loved one’s home during probate under certain circumstances—but under others, they could face legal and financial liability. Before you move into a loved one’s home, contact Bingham Legal Group PC today for a confidential consultation with our Tri-County probate attorneys. We’ll review your situation and advise you on your options given your unique circumstances.