Legal Question in Wills and Trusts in Michigan
probate
My mother in law passes away in a MVA last year. My sister in law is the personal representative for the estate. We received paperwork for probate which states the remaining portion is to be paid to her as personal representative for the estate. We also recieved a form stating that to claim damages you need to file a claim. Does this mean that my husband needs to file a claim since his name is not listed for a payment or should we trust her when she states she will split it up equally? She has not been honest with us so far and is spending money on herself quickly even though the estate has not been settled yet.
2 Answers from Attorneys
Re: probate
You do have to file your own claim and having your own counsel is your right and probably a good idea. Contact my office for a free phone consultation on this matter. Regards, Tim Klisz
Re: probate
Your husband is an interested party to the estate of your mother-in-law and as such has power to hold her accountable. If he questions her actions, he can petition the court for supervision and/or an accounting. The damages referred to are likely damages from the proceeds of a lawsuit or settlement regarding the MVA. In that case, you should file a claim.
Consider calling the sister and discussing the status of the estate and settlement of the MVA suit. Explain that she can openly discuss things with you or you can do it the difficult way through court supervision. Follow-up by putting your discussion in writing via a certified letter.
Take action quickly because there are limitations if your actions are not made in a timely matter within the statute of limitations or any applicable deadline with regard to probate.
If you would like further information or assistance, please do not hesitate to contact me via my website at www.lawrefs.com.
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.
