Protecting Your Inheritance. How a Recent Michigan Court Decision Empowers Property Heirs

Protecting Your Inheritance:

How a Recent Michigan Court Decision Empowers Property Heirs

When a loved one passes away and leaves you their home, what happens if a dispute arises over who really owns it? Do you have to wait for the deceased person’s estate to handle the legal battle, or can you take action yourself?

A recent unpublished decision by the Michigan Court of Appeals, Ohla Young v. Lisa Marie Kashat and William Peters (Docket No. 373554), clarifies that individuals who inherit real estate through a will have the direct legal right to sue to protect their property.

The Background of the Case

In Young v. Kashat, a mother (Olena Kislomed) explicitly left her house in her will to her daughter, Ohla Young. After the mother passed away, a dispute arose involving a quitclaim deed that supposedly transferred the house from the estate to both Young and the deceased woman’s granddaughter, Lisa Marie Kashat. Young filed a lawsuit under her own name—rather than acting as the official representative of the estate—to clear the title to the home and evict the defendants. She accused the defendants of fraud, slander of title, and conversion, seeking to undo the property transfer.

The Lower Court’s ruling

The Macomb Circuit Court originally dismissed Young’s lawsuit. The judge reasoned that if the deed transferring the property was indeed fake, the house would technically revert back to the deceased mother’s estate. Because of this, the judge ruled that Young was not the “real party in interest”—a legal term meaning the person who actually possesses the legal right to bring a claim. The trial court believed that only the estate itself could sue.

The Court of Appeals Decision

The Michigan Court of Appeals disagreed and overturned the trial court’s dismissal.

The appellate judges pointed to the Estates and Protected Individuals Code (EPIC), which dictates that the title to real estate automatically passes to the named heirs the moment the owner passes away. Because Young was specifically given the house in the will (legally known as a “devisee”), she was vested with an immediate, direct right to the property. The court ruled that because real estate passes directly to the person named in the will, that person is absolutely a proper party to bring a litigation concerning a deceased person’s real estate. Therefore, the court found that Young had every right to bring her claims of fraud and property disputes to court in her own name.

What This Means for You

This ruling is an important victory for property rights and heirs. It ensures that if you are left real estate in a will, you have strong, immediate legal standing to protect your inheritance. You do not necessarily have to jump through the administrative hoops of opening or managing an estate to defend your property against fraud, disputes, or fraudulent deeds.

If you are facing a dispute over an inherited property or need assistance navigating a real estate conflict, our firm is here to help you protect what is rightfully yours. Contact CMDA today to discuss your situation.

John D. Gwyn is an attorney in our Livonia office where he focuses his practice on commercial litigation, real estate law, community association law, and municipal law. He has broad and extensive experience of over 25 years in matters involving commercial and consumer litigation primarily focused on the representation of community associations and financial institutions. Mr. Gwyn currently represents developers, condominium and HOA associations regarding matters involving real estate, contract, and construction issues. He has handled all facets of litigation in matters related to bylaw violations enforcement, collections, corporate civil rights defense and creditor bankruptcy matters. Mr. Gwyn has also spent a significant part of his legal career representing banks and credit unions in proceedings related to compliance, negotiable instruments, construction lien foreclosures, receiverships, fraud litigation, probate and collections. In 2021, he was selected as a Top 20 “Go To Lawyer” in Real Estate and Condominium Law from Michigan Lawyers Weekly.

He received a Bachelor of Arts Degree in Communications from the University of Michigan in 1986 and earned a Juris Doctorate Degree from the former Detroit College of Law, now known as the Michigan State University College of Law, in 1990. After attending Kings College in London, England, he became a graduate of the Institute for International Legal Studies.

Mr. Gwyn’s affiliations include the State Bar of Michigan, with membership in the Consumer and Bankruptcy Sections; the Oakland County Bar Association-; the Detroit chapter of the Consumer Bankruptcy Association (CBA); the Community Associations Institute (CAI); the American Bankruptcy Institute (ABI); the United Condominium Owners of Michigan (UCOM); and the Commercial Law League of America (CLLA). As a former Young Lawyers Section Chairman of the Macomb County Bar Association, Mr. Gwyn received the Association’s Special Service Award. He also served as a member of the Pro Bono Division of the Macomb County Legal Aid Bureau and has contributed to various legal publications throughout his career.

John can be reached at (734) 261-2400 or via email at jgwyn@cmda-law.com.