Legal Question in Wills and Trusts in Michigan

When my father died in may my brother,nick, became the excuter of the estate. he put everything in his name. in the will everything is to be devided equilly among us 4 siblings. in july, nick cashed in an account and gave checks to my sister and other brother and himself of over $2,000. each. i just found this out. i called him to find out why i didn't get any money and he said i wasn't getting anything. i am devistated!!! my dad had over 54,000. in one account that i know of, plus a house and other accounts.


Asked on 8/19/09, 8:17 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

If the will is valid and states that it is to be divided equally, any accounts or assets in your father's sole name should be divided equally. If nick is not following the law, you may petition the court to have nick removed as executor/personal representative and have someone else appointed. If there are no family members/heirs that are appropriate the court may appoint an independant attorney to act as personal representative. The court will also require nick to turn over all assets belonging to the estate if he is removed. Nick will be responsible for any money or assets missing. Please contact me to discuss in more detail at johntatone.com

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Answered on 8/25/09, 1:50 pm


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