Ot. Last will and Testame (by James [MI]) Jan 9, 2021 10:07 PM|
Ot. Last will and Testame (by Dee Ann [WI]) Jan 9, 2021 10:24 PM
Ot. Last will and Testame (by James [MI]) Jan 9, 2021 10:45 PM
Ot. Last will and Testame (by don [PA]) Jan 10, 2021 12:48 AM
Ot. Last will and Testame (by James [MI]) Jan 10, 2021 5:37 AM
Ot. Last will and Testame (by Steve [MA]) Jan 10, 2021 6:17 AM
Ot. Last will and Testame (by Sisco [MO]) Jan 10, 2021 8:36 AM
Ot. Last will and Testame (by John... [MI]) Jan 10, 2021 8:44 AM
Ot. Last will and Testame (by WMH [NC]) Jan 10, 2021 9:04 AM
Ot. Last will and Testame (by Sparky [PA]) Jan 10, 2021 9:13 AM
Ot. Last will and Testame (by RB [MI]) Jan 10, 2021 10:20 AM
Ot. Last will and Testame (by Oregon Woodsmoke [ID]) Jan 10, 2021 12:08 PM
Ot. Last will and Testame (by Ray-N-Pa [PA]) Jan 10, 2021 6:32 PM
Ot. Last will and Testame (by Mike45 [NV]) Jan 11, 2021 8:30 PM
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Ot. Last will and Testame (by James [MI]) Posted on: Jan 9, 2021 10:07 PM
Looking for some help or opinions please.
My father in law asked me but i have no clue an advised him to call probate attorney monday
Basically he has an aunt that passed away. Was never married an no kids.. Only relative left is my father in law an an another cousin.
He has court in 2 weeks for probate, heirs, an last will an testament. He is listed as an heir along with cousin. Person that died told my mother in law estate would be 50 50. In the last will an testament his cousin is only one listed..
Not sure why he was even notified if he was not on the will an not getting anything?
His aunt when she signed last will in 2018 was already deamed incompetent an was assigned a guardian..
Any idea what to tell him? I never dealt with this an figured attorney be best bet. Looking at a million bucks plus
Just thought would throw this out there for any thoughts or advice --107.77.xxx.x
Ot. Last will and Testame (by Dee Ann [WI]) Posted on: Jan 9, 2021 10:24 PM
I'm not clear on what you are saying. You state your father in law has court...is your father in law listed as an heir in the notification, and not on the last will and testament? Or? --186.233.xxx.xx
Ot. Last will and Testame (by James [MI]) Posted on: Jan 9, 2021 10:45 PM
Yes. He is listed on one of forms as a heir along with cousin. But on last will says just the cousin gets her assets. Sorry this is all new to me. I assumed if cousin is listed as only one getting anything on last will rhat he is sol
Ot. Last will and Testame (by don [PA]) Posted on: Jan 10, 2021 12:48 AM
Probate law is state law. The law of the state where the deceased last resided controls the estate. You must tell what state that is before you get relevant advice here. --73.141.xxx.xx
Ot. Last will and Testame (by James [MI]) Posted on: Jan 10, 2021 5:37 AM
It is for Michigan --107.77.xxx.x
Ot. Last will and Testame (by Steve [MA]) Posted on: Jan 10, 2021 6:17 AM
Part of the process for settling this type of estate is to notify not only those listed in the will but everyone who might have an interest in the estate. This could include relatives not named in the will documents, friends, creditors, etc. This is done to help lessen the chances of someone coming out of the woodwork at a later date & making a claim against the estate.
Hopefully after you see first hand how much time, effort & money can be wasted resolving this you'll make sure that your affairs are in order & your wishes are carried out. --71.174.xxx.xx
Ot. Last will and Testame (by Sisco [MO]) Posted on: Jan 10, 2021 8:36 AM
It sounds to me like you FIL is not on the written and recorded will as an heir. He hopes to overturn the will based on hearsay evidence of a dead man, or based on the mental incompetence of his aunt 3 years ago.
I see no possibility that FIL will prevail. --67.43.xxx.xxx
Ot. Last will and Testame (by John... [MI]) Posted on: Jan 10, 2021 8:44 AM
Do you know if this is scheduled as a "formal" or "informal" probate proceeding?
Also, just to clarify, it sounds like, as far as anyone knows, your FIL is NOT listed in the will -- but for some reason was informed of the probate proceedings because something, somewhere, said that he was an heir?
Who initiated the probate proceedings and said he was an heir exactly?
I did some quick searching for Michigan, but couldn't find any reference to indicate if in-laws are automatically considered potential heirs in probate. It is possible that they are -- in which case, they'd be invited to attend, but the will would then actually state who inherited anything -- and that would likely just be the cousin.
Do you know if your FIL plans to contest it if he is not in the will based on what the deceased had told your MIL? Or is he fine if the will says that it all goes to the cousin?
Ot. Last will and Testame (by WMH [NC]) Posted on: Jan 10, 2021 9:04 AM
FIL's first cousin died, leaving her estate to him and another cousin. FIL was dead by then, so his part of the estate was divided between my husband and his sister. It took over a year to probate - they had to look for any possibly heirs that were not mentioned that might contest the will. Because she died childless, they actually had to look for non-existent children that might have been give up to adoption! (There were none.) So apparently anyone could have contested it! --50.82.xxx.xxx
Ot. Last will and Testame (by Sparky [PA]) Posted on: Jan 10, 2021 9:13 AM
Your F-I-L is being notified because he is an heir-at-law. An heir-at-law is the deceased’s next of kin, and heirs-at-law are required to be notified whether there is a will or not — even if they’re not specifically named in an existing will. Notifications provide any would-be heirs notice that the deceased has passed and gives them an opportunity to challenge any of the facts presented in probate court. The court can then be sure that the most recent valid will is the one presented in court.
It sounds to me like the Decedent may have at one time had a will that named both of her collateral descendants (the cousins). Then in 2018, after the Aunt had been deemed incompetent and was assigned a guardian, someone persuaded her to revise her will. Whoever orchestrated the creation of this Will may have also articulated her "wishes" to the attorney.
It appears to me that someone may have been exerting undue influence upon the incompetent Aunt in order exclude the other heir. It also appears that the Aunt lacked the testamentary capacity (sound mind) to execute the 2018 Will and it should therefore be set aside. If the previous will, made when she was of sound mind, cannot be found, the estate may pass intestate, which would probably be 50/50 to each cousin.
There is something rotten going on here. Your F-I-L may wish to challenge this Will. He needs to speak to an attorney. --73.40.xxx.xx
Ot. Last will and Testame (by RB [MI]) Posted on: Jan 10, 2021 10:20 AM
[MI] David Carrier, Family Attorney. --199.192.xxx.xxx
Ot. Last will and Testame (by Oregon Woodsmoke [ID]) Posted on: Jan 10, 2021 12:08 PM
Is this deceased aunt some multi-millionairess? Or are you all girding up to fight it out over the chipped porcelain mustard pot and the 31 inch TV? --76.178.xx.xx
Ot. Last will and Testame (by Ray-N-Pa [PA]) Posted on: Jan 10, 2021 6:32 PM
If there is a large amount of money on the line and you have a legal question, why turn to us? You need legal help from an attorney specializing in probate, estate planning and/or elder law from Michigan.
RB might have you hooked up.
Asking us, although is refreshing for us.....but is sorta like asking a Doctor for legal advise. Was this property in a trust?
Ot. Last will and Testame (by Mike45 [NV]) Posted on: Jan 11, 2021 8:30 PM
I do NOT know MI law. I am not even 100% sure which of the several states beginning with "M" is abbreviated MI.
If the aunt was declared incompetent prior to the Will having been executed, then MAYBE the Will is invalid. MAYBE. The testamentary capacity required to execute a Will is very low, so she can be incompetent to manage her affairs while at the same time having the capacity to make a Will.
If the Will is invalid, the two nephews are probably going to share the Estate. Your Father-in-Law needs to speak with a probate atty in MI, preferably in the county in which the deceased lived at the time of her death, to discuss the possibility of a will contest.
If you post the city/county of her residence, maybe someone such as John [MI] or another of the MI participants might have a recommendation to a probate atty.
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