If I have lived with my disabled mother and cared for her all my 58 years, what happens with her house when she dies?

I recently retired and am her POA. The house is under her name. Her Will, which I as drafted 48 years ago, says that her estate shall be divided equally among her 3 children (one of whom is now deceased). I have lived in this house for 50 years. What happens upon her death with the house being it has been my residence all of these years?

Asked on July 13, 2014 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I can see that you have devoted your life to caring for your Mother and it worries you about what will happen when she passes away.  From what you have  written here it appears that the house will have to go through the probate process since it is listed in her name alone and be divided according to her wishes in her Will.  As for the deceased child, if the Will says "per stirpes" then his or her children would share his or her share of the house. Good luck.


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