Yes, But it's Time to Start Making Other Arrangements
However, if one beneficiary lives in the property to the exclusion of others who also inherit the property, litigation may result between them. In California, any property owned by an individual is subject to probate, including real estate.
Absolutely nothing can be done to the property until probate is granted. Before the final ruling, the court must review all debts from the estate and if anything on the property can be used to settle those debts. Before it clears probate, anyone else can contest the validity of the will and ownership of said property.
Real Estate Probate – If a property is valued below $22,000, a spouse or any surviving heirs can petition a probate court to have the estate probated. For estates valued above $22,000 there is a formal supervised probate process which requires the appointment of a personal representative to distribute the estate.
Can an executor live in the deceased's house? In general, no, unless they were living there before the testator died. The executor is responsible for managing the estate, and this might need to involve selling the house. This should not be delayed simply because it is inconvenient for the executor.
It depends. There are many factors involved in determining whether a child can live in a deceased parent's house after they die, including the terms of the will or trust, whether your deceased parent's spouse is still alive, who inherits the house, and the discretion of the personal representative or trustee in charge.
No, they can't. An executor's role is to administer the estate based on the will's terms. Beneficiaries named in the will remain fixed. They cannot be removed or altered by the executor, even if disagreements arise.
If the house is included in the probating of an estate, you may not be able to take anything out of it until the probate process is complete. The personal representative or executor of the estate must take inventory of all the assets, including the contents of the house.
Probate in Michigan can take about 7 months, whether it is supervised or unsupervised.
The probate process applies to assets held in the decedent's name, as well as to any debts owed to them. Exempt property is property that's allowed to pass to the decedent's heirs, even if the decedent has outstanding debt.
Personal possessions should not be distributed before probate is completed, as they are part of the estate that must be inventoried and appraised. Distributing items prematurely could lead to legal disputes, especially if they are intended for specific beneficiaries.
A: Under California law, the responsibility to pay the mortgage after the homeowners have passed away typically falls on the estate of the deceased until the property is transferred or sold.
A house can avoid probate if it has been passed on to a survivor via a living trust, joint ownership, or a transfer on death deed. If not, the property will usually end up in the probate process regardless of a will. The quick answer is no, you cannot sell a house before probate.
If you're an heir or a designated occupant, you may be allowed to stay in a home during probate. However, living in the house does not grant you ownership rights until the process is complete.
Yes, the executor of a California estate is generally permitted to rent out the decedent's primary home during the probate process, provided that doing so aligns with their fiduciary duty to act in the best interests of the estate and its beneficiaries.
There's no legal restriction against residing in a property that is undergoing the probate process in California, and it's often preferred to have someone living in the property during this time.
Michigan law, specifically MCL 700.3715, grants personal representatives the authority to sell real estate within a decedent's probate estate. However, this authority may change based upon the case factors and best interest of the Estate.
The limits for the last several years are: On or after February 21, 2024: $50,000. January 1, 2024 through February 20, 2024: $28,000. 2023: $27,000.
There is no set time for when a house needs to be cleared. It is the responsibility of the deceased's family to ensure all items are removed from the property. Once this is done, the house can be sold, with the proceeds then being distributed to all designated heirs.
Realistically, the probate process generally takes less than a year — but It's important to understand that everyone's journey through the Michigan probate courts will be unique.
In Michigan, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on.
No. An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.
For instance, if there is a third-party tenant living in a property belonging to the decedent without paying rent, the executor has the right to initiate eviction proceedings, even if the tenant is a beneficiary of the estate. There are also other contexts in which eviction issues could arise.