Who can file fora partition lawsuitregarding real property?
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Who can file fora partition lawsuitregarding real property?
My sister paid for our mother’s funeral without asking the other siblings how she was going to be paid back. My name 2 other siblings are on the deed; her name is not. Can she file a partition lawsuit about getting the money she paid for the funeral?
Asked on November 20, 2011 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your sister is not on the deed to the real property that you are writing about and she is the one who paid for your mother's funeral, she cannot file a partition action concerming the property. Under the laws of all states in this country, only the people who share an interest in the real property can file a partition action.
However, your sister can make a claim as a creditor upon your mother's estate assuming there is a probate or an intestacy proceeding regarding its assets as one who advanced fees for your mother's funeral. Your sister should be reimbursed from the estate or from her other siblings from monies she advanced for the funeral.
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