Legal Question in Wills and Trusts in Michigan
No Assets-Is probate necessary
My Mother recently passed away, and does not have any assests. She was listed on a piece of property with her ex-husband but it was joint tennancy and a 32' travel trailer which was joint titled with my Grandfather. Other than that my mother did not own a home, has negative bank account balances and has a trmendous amount of debt. The only thing that she had was A life insurance policy with my brother and I listed as beneficiary.
Am I required to file anything with probate and if not do i just tell the creditors she is deceased and that there is no estate?
1 Answer from Attorneys
Re: No Assets-Is probate necessary
You can tell her creditors she is deceased. This will stop them from sending collection letters. You are not required to file a probate with the probate court if she had no assets. As to the life insurance policy, I would make sure that the policy lists you or your sibblings as beneficiaries first before you do anything. If she had failed to list you or your siblings as beneficiaries the life insurance will be paid to her estate and you will need to probate. For more info, please contact my office at (248)851-3171.