Legal Question in Wills and Trusts in Michigan
probateable estate
What happens to an estate that must be probated with a mortgage on it (home). But siblings cannot agree as to who should probate the estate? One sibling is trying to control all assets. No will left. He passed about 8 months ago. Nothing has been done.
3 Answers from Attorneys
Re: probateable estate
When an individual passes without a will, the deceased's estate becomes intestate. This requires an estate to be opened with the probate court, a personal representative (usually a family member, but not required) to be appointed, and then the distribution of the assets will be divided based upon numerous factors including the laws of the State of Michigan.
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Re: probateable estate
Perfect case for mediation. Contact Wayne Mediation Center. If they're not in your service area, they can help you find the Michigan mediation center that is. You can also ask the court to send the parties to mediation, which might be easier in this case than trying to ask people to go.
Re: probateable estate
Your question was not completely clear, but assuming you and your siblings are the children of the deceased and assuming he was not married at the time of his death, then someone needs to open a probate estate in the county he resided when he died. All of you have equal priority to be appointed personal representative of the estate. However, the judge will decide who is best suited.