Legal Question in Wills and Trusts in Michigan
Legal interpretation of �or to the survivors of them�?
My husband�s grandmother passed away 2 years ago. My father-in-law (one of her sons) died several months before she did. Her will stated that her estate was to be divided among her children, gave their names, and then stated �or to the survivors of them.� One of her daughters was to be the P.R.
About 4 months after her death, my husband and his sisters received probate paperwork that showed them on the list of heirs for the estate. It also stated that we were to receive a statement listing the assets of the estate (which we did), and then an estate distribution statement prior to the estate closing. We didn�t get this last information, and the deadline for the estate to close passed 6 months ago. Per an uncle, the estate was distributed about 6 months ago. Someone apparently determined that �or to the survivors of them� meant only the surviving siblings, and not the heirs of the deceased sibling.
Is this a correct interpretation? Shouldn�t we have been notified prior to the estate closing? We have spoken with lawyers in Washington (where we live) and in Minnesota (where my husband�s sisters live), and they both disagreed with this interpretation. However, since Grandmother lived in Michigan the law may be different.
1 Answer from Attorneys
Re: Legal interpretation of �or to the survivors of them�?
I too disagree with that interpretation, but am a Washington attorney. At a minimum I can't believe you were not entitled to notice, particularly when you had already been "in the loop". I would check with a Michigan attorney quickly. You may want to call David LaCross at 360-895-1555, I know he is admitted in both Washington and Michigan. Hope this helps.
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