Legal Question in Wills and Trusts in Michigan
What must be done after someone dies intestate
If someone dies intestate, divorced, survived by children of which some of them are adopted. What must be done to protect the adopted childrens rights as heirs at law? What must be done if the intestate left property with a mortgage due? Does the state of MI, automatically start probate proceedings in the event that the person dies intestate? Does an adopted child need to hire a lawyer to protect their rights of inheirtance?
1 Answer from Attorneys
Re: What must be done after someone dies intestate
Adopted children have the same rights as biological children of a deceased person. If the deceased owned property in a certain manner, there may be a probate estate. Sometimes property passes automatically to a joint owner or account holder. If there is property, someone will need to open a probate estate. Real property that has a mortgage on it is generally sold, the mortgage balance paid, and the proceeds, if any distributed to the heirs.
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