Legal Question in Wills and Trusts in Michigan

My mother died in Jan. 2011 in MI with no will, leaving my only sister and I in possession of a summer home. My sister informed me that she had a verbal agreement to purchase it and all the contents for an amount that I'm not sure is fair. Also, this was said in the hospital the day she died. My mother lived with me for approx. 20 years (excluding the last 4 mos. of her life) and was always told me we should split assets 50/50 and she didn't want a will. I tried to resolve this by wanting to get 3 appraisals to find out the fair market value of the property, excluding contents at this time, but she won't discuss this with me rationally and has now changed the locks. What is my recourse other than breaking down the door? I don't want, nor do I have the funds to fight this out in court. Please give me some guidance. This also has not yet been filed for probate, as I would hope to do as much as possible before going to court.

Asked on 7/10/11, 1:40 pm

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

The oral promise is unenforceable and the home will be an estate asset. You will have to fight or negotiate, as these are your only options beyond giving your sister what she wants. I would be happy to discuss with you. Tim Klisz.

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Answered on 7/10/11, 1:48 pm

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