Hello

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

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

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.

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.

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?

- John...

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.

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?

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.