Legal Question in Wills and Trusts in Michigan
Executors
My father passed away recently. His wife of 9 years who is also my ex-mother-in-law, is his executor. My 3 brothers and I feel for several reasons besides the obvious, that she can not be an un-biased executor. I have been divorced from her son for 18 years. There is much hatred between her,her children ( my ex-husband) and my siblings and I. We also have common children(grandchildren). Her children also stand to gain from her inheritance, actually my father's assets, if not handled appropriately, which is clearly not what my father intended. Also, the will states that she has no interest in the remaining estate. She was given other property and assets before his death. The entire estate is to be divided amongst his 4 children. Is there anything we can do to have her removed from this position. We also feel that she is mentally incompetent in handling these matters.
1 Answer from Attorneys
Re: Executors
Your fact scenario is fairly complicated. For example, if your father's assets were jointly titled with his wife, the will does not affect those assets. Has an estate been opened in probate court? All these facts affect the situation.
Also, I can tell you from experience, that these fights can be very expensive.
Feel free to email me directly if you can be more specific.
Best Regards,
Pat Prince