Legal Question in Wills and Trusts in Michigan
Dad is cheating children out of inheritance
My childrens grandmother made out a will, including them. I was there when she made it out, although do not know what was in it. She passed away in 1993. Her son, their father, said there was no will, and nothing was ever probated. We tried to get a copy from court house, none there. Father told children basically farmhouse and 60 acres left to them when he dies. He also remarried a woman who is a golddigger. All this time they believed him, until we found out he just sold the house, with 2 acres, and is trying to sell the rest of the farmland. Is there anything my children can do about this? If she did die with a will, which I know she had, and he did not probate it, and we have no way to prove it, except our own word, what action can we take. This house and farmland has been in the family for decades, and we know she wanted it to stay in the family. Thanks in advance.
2 Answers from Attorneys
Re: Dad is cheating children out of inheritance
There is not much you can do without the Will. You could go to the Register of Deeds office for the County where the real estate is located and search their records. See if the grandmother made the son a joint owner of the property before she died. If she did, then he became sole owner of the real estate at her death and whatever it said in her Will would be irrelevant. This is likely what happened because the son would have been required to open a probate estate to sell the property if it was in the granmothers sole name when she died.
Re: Dad is cheating children out of inheritance
Without some will, how could you possibly recover anything? By telling the judge that the grandmother said she had a will? What if she was lying just to appease the grandchildren or their mother? Not much you can do here without some proof. Bill Stern 248-353-9400
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