Legal Question in Wills and Trusts in Michigan

Rights of beneficiaries in probated estate

I am one of five grandchildren named sole beneficiaries of my grandmothers estate. She died a year ago this June and her will was probated I believe in January. My grandmother had two children, my mother who has three children named in the estate and my uncle, who has two children named in the estate and is the executor of the will. I am the only one living out of state and have questions regarding the will. Is there a time limit in which an estate must be settled in Michigan? We are growing concerned because my uncle has yet to list the house (which is the main monetary sum to be split between the grandchildren, there were no other assets) on the market. Do we have rights as beneficiaries to question his actions? He seems in no hurry to sell the house and therefore settle the estate. We have reasons to think he may be doing this on purpose to hold up the money from going to the grandchildren. If there is no time limit on settling the estate, do we have any legal action to take? It is difficult to get involved in this process living out of state, and my siblings who are in Michigan seem wary of becoming involved without knowing what our legal basis is. We would appreciate any advice you could give.


Asked on 5/29/04, 8:31 am

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Rights of beneficiaries in probated estate

Yes, you have rights as a beneficiary. This is one of the reasons why sometimes probate is better than avoiding probate by using a trust. Anyway, perhaps you want to get together with some other beneficiaries and hire a local lawyer to review the file and perhaps, force the issue and force the executor to take all actions in a timely manner. William S. Stern 248-353-9400

Read more
Answered on 5/29/04, 8:51 am
Blake Lipman Law Office of Blake P. Lipman

Re: Rights of beneficiaries in probated estate

Heirs have rights. If you are an heir or your grandmother's estate then you can petition the probate court to remove your uncle as personal rep. For more information, contact my office at (248)851-3171.

Read more
Answered on 6/02/04, 12:53 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan