Legal Question in Wills and Trusts in Michigan
Distribution of Assets Without a Will
My father passed last year without a will. My brother and I are children from his first marriage. He was married to his 2nd wife for 10 years and was married at the time of his death.
How would his assets be divided? He owned two homes (only in his name and no quitclaim deeds, etc), a few vehicles (trucks, motorcycles, boats) and 401K.
His wife has transferred the homes and vehicles (all) into her name and sold some of them. My brother and I have never been notified about the distribution of any of his assets. I thought if you passed without a will the assets had to go through probate and my brother and I were entitled to a certain percentage of them? How could she avoid probate without my father having a signed will and her name not being on the assets? Or, my brother and I not being notified? Please advise.
2 Answers from Attorneys
Re: Distribution of Assets Without a Will
You are correct. When a person dies without a will, the State probates their estate via the laws of intestate succession and in essence makes the will for them.
I believe that a situation such as yours, where the husband dies leaving children of a previous marriage, the wife takes the first $100,000 plus half the balance - leaving the remaining half for the children.
Contact the probate court in the county in which your father died right away and apply to open an estate and to be appointed personal representative.
I will be glad to represent you if you choose to retain legal counsel in the matter.
Re: Distribution of Assets Without a Will
she had to have forged names or your dad pit her on those properties. Possibly probate happened without your knowledge. You need qualified probate help. Please contact me via www.kliszlaw.com to discuss. Tim Klisz
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
