Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

There are 8 heirs to my mother's estate. if one of the heirs…

There are 8 heirs...

There are 8 heirs to my mother's estate. if one of the heirs pays the taxes on her properties do those properties become his?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: What documents or supporting evidence do you have?

I don't have any yet. The 1st installment since her death is due in August.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother is the heir I'm asking about. He is 49 years old and has lived in our family home his whole life. Does he have more claim to the house than the other 7 surviving children?

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 minutes by:
6/8/2017
RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15,333
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Ok

Good evening,

My condolences on your loss. Merely paying the taxes does not entitle an heir to the property. Things like the taxes, mortgage, and upkeep/maintenance of the home should be paid from the estate, but regardless, the estate, including the home, would still have to be distributed in according with your mom's Will, or if none, in accordance with state law.

I don't see a claim for adverse possession ("squatter's rights") in this instance either. Adverse possession is the occupation of land to which another person has title with the intention of possessing it as one's own. Each state has its own laws regarding who has ownership of the land under adverse possession. In Michigan, possession must be actual, visible, open, notorious, exclusive, hostile, continuous, and uninterrupted for the statutory period of 15 years. It is important to note that the term ‘hostile’ is a term of art in the law of adverse possession and does not imply ill will. It simply means that the owner did not give the person permission to use the property and the use of the land is inconsistent with the rights of the owner.

In other words, let's say your mother left a Will that divided the home among all of the siblings. Your brother, in order to claim adverse possession, would have to openly maintain sole possession of the home for an uninterrupted period of 15 years, paying everything, etc., in order to be able to claim adverse possession. That is not the case here.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Ok. Does he have to pay the estate rent for living in the house that also belongs to the other 7 of us? There is no will and we have not filed in probate court yet.

Legally, he doesn't have to, no, but there are obviously going to be costs and expenses associated with the household.

There are some practical problems that can be addressed by having the sibling there, also . For example, the property may not be insurable, if it is vacant. If it is insurable, the premiums would likely be *significantly* higher, if there is no one at the property. The reason for this is largely due to security concerns. So having someone there helps lessen your costs and keeps the property more secure. It may also be easier to market and sell the property if there is someone living there, as opposed to a vacant house.

Presumably, the sibling would also pay utility costs while there, which the estate would otherwise need to pay.

Having said this, there are costs that will be incurred, regardless of whether there is someone there, or not. These include insurance and property taxes. These expenses would need to come off the top of the estate. Perhaps, in lieu of rent, the family could agree that the sibling living there would pay some or all of the insurance costs, and/or costs of things like maintenance, as well as the utilities (which they should rightfully pay if living there).

You could check with a realtor to determine what the fair rental value of the property would be -that would be the best way to avoid a dispute, but if an agreement cannot be reached that way, then you may have to let a judge decide on what a fair rental price is.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Can I independently request from my brother copies of an insurance claim he filed for a roof repair along with the bill for the repair and the payout from the insurance company? I would like to know this info myself but I'm not sure he has to present it before we enter probate. The claim and repair happened after my mother's death. Unfortunately, he's not always forthcoming so I would like this type of information before probate. Thank you for your help and your kind words.

You can independently request it, but he's not obligated to give it to you. Once you file for a probate, and there is an executor/personal representative (same thing) he should give that to the executor, because if he did pay money out of pocket, the estate should reimburse him for that expense during the "claims period" of the probate (the claims period of a probate is merely when known creditors should be paid and other creditors are given opportunity to file claims against the estate).

RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15,333
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Thank you. You've been very helpful.

It's been my pleasure. Thank you for being a Just Answer customer -your patronage is appreciated.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 15,333
15,333 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

15,333 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
A man who lived in Massachusetts s entire life was deeded a
A man who lived in Massachusetts his entire life was deeded a piece of property in Massachusetts that he owned individually. Subsequent to that, he got married and had a foster child. He died in 1974 … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
As background info - I'm trying to help my mother up-date her
As background info - I'm trying to help my mother up-date her living will. The document preparation place living will ran into an issue that requires an attorney's examination and response. In 2010, m… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My brother died without a will but had a insurance policy
My brother died without a will but had a insurance policy of $50,000. His benef was his mother who also passed away 2 years earlier. He had not updated the beneficiary before he died. He had no other … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Under Georgia code is a woman dies intestate, having her
Under Georgia code is a woman dies intestate, having her four children predecease (two of which were widows and childless), how does the estate get divided. The other two children had children (the de… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
Hello. My grandfather passed away 16 years ago, in the state
Hello. My grandfather passed away 16 years ago, in the state of NY. His first wife passed away due to polio. I am uncertain if she had a will. When my grandfather passed away, his second wife was assi… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My father recently died without a will that we know of. My
My father recently died without a will that we know of. My step mother is still living. I have 2 sisters and a step brother. My sisters and I wondered if my step mother can legally leave everything (h… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am the administrator of an estate of my first cousin on my
I am the administrator of an estate of my first cousin on my fathers side. The will states that the heirs are the parents of the deceased who are also deceased. Who is heir to the estate since they ar… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
divorced man 67, four children by three different women and
divorced man 67, four children by three different women and i sister 74. children ages are 50, 49, 45 and 30. who is his legal next of kin now and when he dies?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in Indiana and my mother was kiled in a car accident
I live in Indiana and my mother was kiled in a car accident three weeks ago. my father has taken no action on wrongful death suits yet and i was told first thing is creating an estate and having a ben… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My parents had property in Mississippi. There were four children.
My parents had property in Mississippi. There were four children. My eldest brothers died before my parents. My parents lived to be 97 and 100. There was only my brother and I left when my parents die… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My grandfather left a will that was probated in 1986. The
My grandfather left a will that was probated in 1986. The will left a life estate to my father & aunt for an undivided interest in 296 acres of land. On my father's side his will was written as follow… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My mother passed away in 1990, without a will. My grandfather
My mother passed away in 1990, without a will. My grandfather had deeded all his property to her years previous. It consists of a farmhouse on 7 acres of land and about 80 acres of land not connected … read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My mother who recently passed away had 12 brothers and sisters.
My mother who recently passed away had 12 brothers and sisters. Their mother left an estate in Louisiana of 58 acres. There is only one sibling alive now. Three of the siblings that died did not have … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
What rights does a widow have to funds received from the sales
What rights does a widow have to funds received from the sales of timber on property her deceased husband inherited? The state is Texas… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My father died in georgia without a will. my mother has filed
My father died in georgia without a will. my mother has filed to be executor of the will. She has told me and my siblings that the estate is broke and that we need to sign over our intrest in the hous… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hello,My mom just passed away and there were 4 of us kids,
Hello,My mom just passed away and there were 4 of us kids, which one is deceased.My brother is in prison, does he have rights to his share of the estate.Some people say yes, some say no. And if not,wo… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My father died without a will. He owns a home (with an active
My father died without a will. He owns a home (with an active mortgage). How will the home be divided between the children (2 daughters) and the surviving spouse who is not our mother. If she would li… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
my father who is not a us citizen has shares in a small bank
my father who is not a us citizen has shares in a small bank in california usa. he passed away last august. if the bank transfers the shares of stocks to his heirs, how much estate tax will we pay? an… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x