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Mom's husband died 2 weeks ago and now hos daughters are…

Customer Question
Mom's husband died 2...

Mom's husband died 2 weeks ago and now hos daughters are kicking her out of the house. They had a lady bird deed and told my mom should could stay in the house as long as she wanted. Now she needs to be out July 1. Because the taxes are too high. I know Jim would never have wanted this to happen but his daughter in town wants money. Everyo e says she has the right to half of the house. Where does she stand?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Michigan

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

They did a lady bird deed and never put my mom on the papers a year ago

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

What does she need?

Submitted: 24 days ago.Category: Estate Law
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Answered in 6 minutes by:
5/28/2018
Estate Lawyer: Barrister, Attorney replied 24 days ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,094
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

If the husband owned the house prior to marriage, and executed a ladybird deed, then his daughter already owns it.. He just had a life estate to live there until he died. If he had wanted to leave mother an interest in the house, he could have reserved a life estate for her as well if he had wanted to do so..

.

So legally the daughter is now mother's landlord and can terminate her tenancy with a written 30 day notice to vacate.

.

But she would have to file a formal eviction action in court if mother didn't move out.... she can't just throw mother out and change the locks.

.

That will take around another month or so before the daughter could get a judgment and a writ that the sheriff would execute to force mother to leave...

.

So it would take her at least 2 months before she could force mother to vacate and the clock only starts running once she gives mother a written 30 day notice to terminate.

.

.

thanks

Barrister

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Customer reply replied 24 days ago
That wasn't the case. They built the house after they were married
Estate Lawyer: Barrister, Attorney replied 24 days ago

Ok, so did mother sign off on the ladybird deed?.... that is kind of critically important..

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Customer reply replied 24 days ago
She never had the option
Estate Lawyer: Barrister, Attorney replied 24 days ago

Ok, then husband can only transfer what he owned....half the property. So the daughter now owns half and mother owns half.

.

So she can't force mother to vacate unless she files a legal action to force a sale of the house at public auction..

.

But mother could bid on it and buy her out if she couldn't do so privately. If the house is sold then mother gets half the proceeds.

.

.

thanks

Barrister

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