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Parents Passed Away While Buying Home Via Land Contract - Eldest Brother Swooped In And Had Home Transferred To His Name Only, Excluding The Three Other Heirs - Michigan

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Location: Michigan

Real estate transaction following death without a will in Michigan

I'm trying to assist two brothers with mental disabilities, one severe and one minor, who appear to have had their parent's estate swept out from beneath them.

In this family, there are four brothers total. The two youngest brothers were still living with their parents until the parents passed away (father died in 2020, mother in 2022). The parents entered a land contract with the landlord in 2019 which was to be completed in 2024.

Within one month of the mother passing away, the eldest brother removed the two youngest brothers from the home against their will. He then called the prior owner to inform her that his parents were deceased, and she signed a quitclaim deed assigning the property to him and only him.

The second oldest brother has been assisting him in renovating the property, and they now plan to sell the home for a hefty profit. The youngest brother is presently homeless, and wants to live in the home, but the two oldest brothers have no interest in helping him.

The parents had no written will and their estate was never settled through probate court. The two eldest brothers stripped all their belongings, selling what they could and discarding what they couldn't - all without consult of the two youngest brothers and with nothing being assigned to them.

I am personally involved with the care of the second youngest brother, the one with the more severe mental disability. He is distraught over the situation and wants his younger brother to be able to live at home instead of in a tent. Is there anything that can be done? I feel like some sort of estate law was broken at some point in this process.

Main points:

  • Elderly parents were buying a home with a land contract.
    • Both parents passed away before the terms of the land contract had concluded, but after making over half of the total payments.
  • Out of the four heirs, one took it upon himself to take full control of the home.
    • Eldest and second eldest brother collaborating together
    • Youngest and second youngest brother left out
    • Estate never taken through Probate Court

What is the best course of action for the two youngest brothers? They are not profit driven, they just want their house back.

submitted by /u/DesecrationNation
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