Legal Question in Civil Litigation in Michigan

My daughter had two accts. One bank acct with her husband listed. One IRA where her husband is the beneficiary. I am listed as the second beneficiary. ( I am her mother) Both accounts together are about $6000. He murdered her in 2011, he will be in prison 47 years. I want that money and don't want to hire an attorney to open an "estate" because I can't afford it and there was nothing. The judge ordered a restitution of $15K to me. Isn't there a form he can sign to 'sign off' on these two accts? I'm guessing at the "General Civil Litigation" part. He also has property but quick claimed it to his mother after he was found guilty. I have the paper work on that as well. But I'm only interested in the two accounts. They would allow me to purchase the grave marker for my daughter. Thank you Denise Gates


Asked on 6/18/14, 5:24 pm

1 Answer from Attorneys
Tracy Gaudenzi Torni Gaudenzi Law, PLLC

I am so sorry.

In Michigan, there is a law that is commonly referred to as the "slayer rule." http://www.legislature.mi.gov/(S(kdfpua45gvm0py2n4cb4og55))/mileg.aspx?page=GetMCLDocument&objectname=mcl-700-2803

Have you tried contacting the bank or financial institutions?

The amount (approximately $6000) would be separate/above from the $15,000 that he was ordered to pay as restitution.

Also, the quit claim deed of the property may be improper depending upon the timing. Depending upon the value of the property, it may be worth it to open an estate and pursue the improper transfer of property. The estate would be opened in the county that your daughter resided in.

Again, Ms. Gates, I am terribly sorry of your loss. Take care.

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Answered on 6/20/14, 12:08 pm


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