Legal Question in Wills and Trusts in Michigan
Mother's Death
My Mom passed away Jan. 17th. My Mom left me as the beneficiary on most things. However, My Step-Dad won't let me see the papers. Some things I do know because my Mom told me and the lady who set up her retirement has helped me with some things. If he doesn't ever, is there anything an attorney can do to find the things I can't? I am hoping my Step-Dad will just open up, but I don't know. He knows everything my name is on. His Mother does too. Thank you.
1 Answer from Attorneys
Re: Mother's Death
You have to hire an attorney to file for letters of administration for you to probate your mother's estate. Then you will have the power of the court and be able to issue supeona's to compel documents and records necessary to marshall your mother's assets and determine who should get what. If your mom died without a will you are entitled to anything that your mom had that she listed you as the beneficiary, such as 401k or insurance. Also, you are entitled to 1/2 of her property if you do not have a sibling, or you and your siblings are entitled to 2/3.
If you do not protect your rights, no one else will.
If you are appointed personal representative of your mother's estate, the attorney will be paid from the estate assets. Fees are statutory, based upon the size of the estate, and must be approved by the judge before paid.
Call me if you want.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
