Legal Question in Wills and Trusts in Michigan
Am I entitled to an inheritance as a spousal survivor?
I have used this service twice in the past and my questions have been answered the very same day. Thank you. My husband's uncle (by marriage) died in 1997. My husband was a named beneficary in his uncle's will. Shortly before my husband's death 10/15/2003, he received a check that represented his portion of an insurance policy held by his uncle. There are approximately 10 people named in his uncle's will. It is my understanding that my husband should receive additional checks representing his portion of the proceeds from his uncle's property and so on. Am I entitled to what he would have received? My husband and I were not on speaking terms with the executor of his uncle's will. The exector is his cousin (blood). Am I obligated to notify her that Richard is deceased? Being family, I assumed that she already knew however my husband is still receiving notices from his uncle's attorney in his name. We have no children. I have gone to the county building where his uncle resided (Oakland County) and found that the will was not filed. If I am entitled to anything my husband was willed, how do I pursue?
2 Answers from Attorneys
Re: Am I entitled to an inheritance as a spousal survivor?
It really matters what the will says. You have to see the will. If no one has started an estate for the deceased uncle, then you can petition to open the estate, notify everyone and then they have the obligation to come forward with the will. However, don't be surprised if the uncle deeded the property away before his death leaving nothing in the estate. That sometimes happens. Bill Stern 248-353-9400
Re: Am I entitled to an inheritance as a spousal survivor?
You need to open a probate estate for your late husband. Once you have been appointed executor of his estate, you can act on his behalf as to uncle's estate. For more info., please contact my office at (248)851-3171.
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