Legal Question in Wills and Trusts in Michigan

my grandmothers will

my uncle was appointed excecutor of my grandmothers estate before she died. he is a lawyer. he would not allow my father or my uncle to take her to the docters or help with any paper work that may have needed to be done on her account. she died last friday and we have since found out that he has charged her estate everytime he went to visit her,take her to the doctors ect... we have not been allowed to see a copy of her will. we know what she wanted as far as her burial, but my uncle is not following her wishes...she died on the 15th of november and he will not even allow us to bury her untill nov.6th.

is there anything we can do???

thank you so much for your time.


Asked on 10/21/04, 2:17 pm

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: my grandmothers will

Has there been a probate estate started for her? That is, one regarding her death estate, not a guardianship or conservatorship, which I believe your uncle must already have. If so, you should be getting information from the personal representative (executor) as to the estates assets. If it is your uncle, he must give you this info. If no estate has been started, you should start one. For more info, please contact my offcie at (248)851-3171.

Read more
Answered on 10/22/04, 9:35 am
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: my grandmothers will

You are confused regarding the estate. There is no estate before someone dies. Your uncle may have been your grandmother's conservator. Now, he may be appointed as the executor or administrator of the estate. Yes, you can challenge his appointment by the court. You have to hire an attorney, file a motion, and show the court good cause why your uncle should be removed.

If the will has been filed for probate, it is in the court record which is a public record and you can go to the courthouse and read it. Also, it is customary for conservators to be reasonably and properly compensated for the time that they expend dealing with the ward's (your grandmother) affairs.

Read more
Answered on 10/21/04, 2:47 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan