Legal Question in Wills and Trusts in Michigan
beneficiaries
My mom died a month ago and the only daughter who lived in the same state is the executor. It is a very small estate, but also one with no debts. My sister keeps saying there will be no money left after she pays the bills (which I happen to know will not be true). She has not let us see a copy of the will and says she will not give my brother his quarter because he wasn't involved in the last few years of her life. She says the will says, as the executor she can do what she sees fit. We doubt it. The will was written in Michigan. Do the non-executor kids have any rights???
2 Answers from Attorneys
Re: beneficiaries
The executor (or the "Personal Representative" as it is known in Michigan) does not have that kind of discretion as to the disposition of the estate. In the absence of a will, you are entitled to a share as a child of the decedent. If there is a will and you are a named heir, your sister cannot exclude you. For more info., please contact my office at (248)8513171.
Re: beneficiaries
Absolutely. An estate needs to be opened with the probate court. The Will must be proven as valid and the personal representative / executor must be appointed by the Probate Court. The will most likely does NOT say that she can do as she sees fit.
If you feel it necessary, and I do believe it would be prudent, please retain counsel to represent your interests. I am available should you prefer my assistance.
Please contact me at www.lawrefs.com.
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