Legal Question in Wills and Trusts in Michigan
Electing against the Will
My father passed away with a will in place. His wife was left nothing in the will other than a life estate in the primary residence. She is the executor. She has elected to go against the will. Does this mean that she is no longer entitled to the life estate given to her in the will? When would she have to hand the house over and distribute the rest of the estate (goes to children)? It has been over a year since my father's death and we have yet to receive the accounting statement. Might it be that she knows that the life estate will end once she distributes everything, thus she's stalling with the proceedings?
1 Answer from Attorneys
Re: Electing against the Will
If your father's wife elected against the Will, she is no longer entitled to any benefit from the Will. This means that she no longer has a right to live in the house. As executor, she is required to provide you with an accounting on an annual basis. Finally, she has a duty under Michigan law to administer the estate in an expedient manner. It sounds like your father's wife has failed to properly administer the estate. Legal action may be necessary to protect your rights as a beneficiary. Our office handles these types of matters on a regular basis. Feel free to contact us if you would like to discuss this matter further.
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