Legal Question in Wills and Trusts in Michigan
Mom did not have will,Dad did
our mom passed away several years ago with no will, Dad passed recently with a will. It is agreed that it will be divided as his will states the question is the monies are in her name? do we need to go through probate or not?
3 Answers from Attorneys
Re: Mom did not have will,Dad did
You will most likley have to go through probate court- this is true if the assets are not titled to beneficiaries other than your mother or father. If you have any questions, please feel free to contact me at www.lawgreg.com.
Re: Mom did not have will,Dad did
You probably will need to go through probate or take some other legal action. It is difficult to say without having more facts. You should consult lawyer because there are lots of questions the lawyer will need to ask you before the lawyer can give you advice. Gary Weingarden 248.594.2718 ext 103
Re: Mom did not have will,Dad did
If thea assets are in your mother's sole name, then you will need to open a probate for her. Depending on the value of her assets, a large portion of the assets (and maybe all of them)would pass to your father, with the balance passing to her children. This will also require the opening of a probate estate for your father in order to collect the assets from your mother's estate and distribute them according to your father's Will. If, however, the assets you are referring to were actually held in joint name between your mother and father (with rights of survivorship), then these assets passed to your father by operation of law when your mother died and you would only need to open a probate estate for your father.