Legal Question in Wills and Trusts in Michigan

Can I probate the will in New Jersey for Michigan's Security account

Hi,

I opened an account with a national security firm in Michigan for my mom, who was not a resident in the States. I was her Power of Attorney and had managed the account. She passed away in August 2000. I moved to New Jersey ten years ago. Her will on the said account was prepared in New Jersey and I am the executor. Can I probate her will in New Jersey? Can I go to the local branch of the security firm for inheritance?


Asked on 11/16/03, 10:20 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: Can I probate the will in New Jersey for Michigan's Security account

The will must be probated where your mother resided at the time of her death. If the account is in her name alone, you must be appointed as Executor and present an Executor's certificate to the brokerage account to close it out. The power of attorney is void upon her death. If you need further help, please call for an appointment.

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Answered on 11/17/03, 10:43 am
Walter LeVine Walter D. LeVine, Esq.

Re: Can I probate the will in New Jersey for Michigan's Security account

You do not say where you mother was a resident when she died. A Will, wherever prepared, must be probated in the State (County) or Country where the decedent resided at her date of death. If she was not a resident of the United States, nor had any contact here, the answer depends upon where her property is located. While a Michigan account, it appears to have NJ contacts, since the forms were prepared here. What is the mailing address of the account? Your addess in NJ or somewhere else? This might have a bearing on venue. A quick call to a local Surrogate's office provides the following answer. If your mother had assets outside the US, and lived outside the US, initial probate takes place in the location of her residence outside the US and where her property outside the US is located. Ancillary proceedings are then undertaken in the US, where her US property is located. If her only US asset is the Michigan account, ancillary proceedings are undertaken in Michigan. If she had no assets outside the US, initial proceedings take place where her assets are located in the US. This again appears to be Michigan.

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Answered on 11/17/03, 12:30 pm


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