Legal Question in Wills and Trusts in Michigan
Death of father, no will, small estate, what needs to be done?
Recently my father passed away. He had no will. He has a small amount of money in a checking account which my brother is a benificiary of. Does that need to go through probate? Next, my father receives royalties from an oil well each month. This is the only source of income he had. He has no house, car, etc. to deal with, basically the above mentioned accounts are the only thing he had. I am the oldest of three adult children, and have paid for all the funeral costs. My father was in deep debt from credit cards, medical bills, to unpaid taxes. Am I right to assume that the oil well royalties will need to go through probate? Should I expect to be reimbursed for the funeral costs? WIll this money that he receives go to pay bills? What should be my first step and what can I expect to happen? I am lost and don't have the first clue as to how to settle this estate! Help!
1 Answer from Attorneys
Re: Death of father, no will, small estate, what needs to be done?
Probate is the process where legal title is conveyed from the decedent to his heirs. The debts of the decedent are to be paid from the estate. Debts which have priority ( normally) are bills relating to the last hospital stay, funeral costs, etc. If there are sufficent funds in the estate you should be reimbursed. Any joint accounts which have right of surviorship will automatically go to the joint owner and do not have to enter probate. From your post it appears that the oil royalties are probatable, providing there is not a limited ownership, for example the decedent only having a life estate in the royalties, if that is so then the royalties will revert accordingly to one of the future interest holders. You should contact a probate attorney in the county where the decedent resided prior to his death for assistance.
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