Legal Question in Wills and Trusts in Michigan
Division Of Property
I am one of 5 beneficiaries to my deceased fathers Will. One of the beneficiaries is the P.R. Section concerning ''Division of Property'' states:''If 2 or more beneficiaries are entitled to an equal share or percentage of property distributed by the terms of my will, then I direct them to divide the property among themselves as they may agree''. Only a tractor was indicated in the will to be given to the P.R. All the rest was to be divided in equal shares between the 5 beneficiaries. Three of us were interested in a 2000 Chevy Blazer of my fathers and the P.R. was aware of this. While 2 of us were waiting for the P.R. to tell us when the lein would be paid off to place our ''bid'', he sold it to the third interested party far below NADA or Kelley Blue Book price without our knowledge. Phone calls and E-mails were sent to him asking him about the Blazer ''bidding'' but were ignored. Was this fair in terms of what the ''division'' statement above says?
Thank you.
2 Answers from Attorneys
Re: Division Of Property
Hello, I have received a copy of your e-mail regarding your father's estate. No, what your brother did in selling the tractor was not appropriate. Unfortunately there is not much you can do without starting a family squabble. You can ask for the return of the tractor on the basis that the PR did not have authority under the will to sell it. However, if the purchaser does not willingly accede to that request, your options may cost more than the tractor is worth. A second option is to ask the Court to make the estate a "Formal Estate" or "Supervised Estate" which means that the PR has to get the Court's permission to dispose of estate assets. Feel free to contact me or my associate, Karen Collingsworth Crusse for further information. Probate matters is on of our firm's areas of concentration. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
Re: Division Of Property
Unless the PR had to sell it to pay debts (that, is the non personal property estate assets were not sufficient to pay debts and costs of administration), he was wrong. I would petition the court to make them aware of what he did, and see if he can be removed, or be made repsonsible for the difference. The problem is, that this can get expensive, as it is better to have an attorney file these kinds of papers.
He should also be keeping you reasonably informed, and it sounds like he is not.
Our firm handles many contested probate matters,and if you decide you want legal representation, please give us a call.
Best Regards,
Pat Prince
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