Legal Question in Wills and Trusts in Michigan
Mothers assest
M mother passed away last year and had both a home and a mobile home in a retirement community in Florida. The mobile home was not listed on the itemized list of assests and was sold by the personal representative (sister). What will happen if the courts find out about the mobile home or her lawyer? Will there be fines or penalties? She states she will split the money equally after probate, which is questionable and if she does I don't want to get into trouble.
1 Answer from Attorneys
Re: Mothers assest
You are correct to be concerned. It is fraudulent to intentionally omit items from the inventory. Creditors and heirs / beneficiaries could be affected as well as estate tax liability. However, it may not make a difference if there were assets sufficient to pay all creditors and they were paid; if there are no heirs to dispute the issue; and if the estate is not large enough to be subject to estate tax liability.
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